Dallas Lawsuit Against 11760 Ferguson Apartments

2-CIT/ESERVE FILED
DALLAS COUNTY
2-CIT/ESERVE 9/6/2017 5:29 PM
FELICIA PITRE
DISTRICT CLERK
Jesse Reyes
DC-17-11592
Cause No._____________
CITY OF DALLAS, § IN THE DISTRICT COURT

Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
EYAL DALLAS HOLDINGS LLC §
DBA MEADOWS AT FERGUSON and §
11760 FERGUSON ROAD, §
DALLAS, TEXAS, §
Defendants. § _____ JUDICIAL DISTRICT
CITY OF DALLAS’ ORIGINAL PETITION, REQUEST FOR TEMPORARY AND

PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
The City of Dallas, Plaintiff, files this Original Petition, Request for Temporary
Injunction and Permanent Injunction, and Request for Disclosures, and in support thereof would
show unto the Court the following:
I. DISCOVERY CONTROL PLAN
1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas
Rules of Civil Procedure.
II. REQUEST FOR DISCLOSURE
2. Defendants are requested to disclose, within fifty (50) days of service of this
request, the information or material described in Rule 194.2 of the Texas Rules of Civil
Procedure.
III. PARTIES
3. Plaintiff, the City of Dallas (“City”), is a home rule municipal corporation
primarily situated in Dallas County, Texas, incorporated and operating under the laws of the
State of Texas.
City of Dallas’ Original Petition, Request for Tem porary Injunction and
Perm anent Injunction and Request for Disclosure --- Page 1.
City of Dallas v. Eyal Dallas Holding, LLC., et al,
4. Defendant Eyal Dallas Holdings LLC dba Meadows at Ferguson (“Eyal”) is a
Domestic Limited Liability Company owning the real property that is the subject of this lawsuit.
Service of process may be made upon Eyal through its registered agent, David Statement, at 3101
Sappington Place, Fort Worth, Texas, 76116, or wherever he may be found.
5. Defendant, 11760 Ferguson Road, Dallas, Texas, more specifically described as
all of Lots 2C, Block F/8579 (also known as 11760 Ferguson Rd., Dallas, Texas, 75228),
including any structures existing thereon, (the “Property”) is the real property that is the subject
of this suit and a defendant in this case. Service of process may be made upon the owner of the
Property by serving Eyal through its registered agent, David Statement, at 3101 Sappington
Place, Fort Worth, Texas, 76116, or wherever he may be found.
IV. JURISDICTION AND VENUE
6. The City brings this cause of action to obtain temporary and permanent injunctive
relief and recover civil penalties against Defendants pursuant to Subchapter B of Chapter 54 and
Subchapter A of Chapter 211 of the Texas Local Government Code, as well as Chapter 125 of
the Texas Civil Practice & Remedies Code.
7. This Court has jurisdiction pursuant to Section 65.021 of the Texas Civil Practice
and Remedies Code.
8. Venue is proper pursuant to Section 54.013 of the Texas Local Government Code
and Section 125.002 of the Texas Civil Practice and Remedies Code.
V. FACTS
9. Meadows at Ferguson (“Meadows”) is a multi-family apartment complex that
consists of twelve (12) three-story buildings containing two hundred and eighty-eight (288) units
located in the northeast area of the city of Dallas. County records indicate that the complex was
built in 1983 and purchased by Defendant Eyal in 2015.

10. Meadows at Ferguson owner, Eyal, owns and operates the Property as an
apartment complex that has become a hub for drug use and sales and related violent crime. The
physical condition of the Property is a testament to the owner’s neglect and tolerance of the
nuisance. The City’s inspectors found extremely dilapidated and unsanitary conditions inside the
Property, noting such things as rodent and insect infestation, trip hazards in dimly lit stairwells,
uncapped sewer connections, chronic and widespread water leaks, open and vacant units, broken
windows, and non-functioning or absent smoke detectors.
11. Defendant Eyal maintains the Property as a place to which persons habitually go
for the delivery, possession, manufacture or use of controlled substances in violation of Chapter
481, Health and Safety Code, aggravated assault, robbery, aggravated robbery and unlawfully
carrying a weapon. These criminal activities frequently occur at the Property and the Property is
frequently used in furtherance of the criminal activities.
12. During the period from August 6, 2015, to August 30, 2017, the following
abatable criminal activity has occurred at the property:
• Nine (9) arrests for the delivery, possession, manufacture, or use of controlled
substances;
• Five (5) incidences of aggravated assault as described by Section 22.02 of the
Texas Penal Code;
• One (1) arrest for unlawfully carrying a weapon as described by Section 46.02 of
the Texas Penal Code;
• Eight (8) incidences of robbery as described by Section 22.011 of the Penal Code;
• Seven (7) incidences of aggravated robbery as described by Section 20.03 of the
Penal Code;
• Two (2) incidences of discharge of a firearm in a public place as prohibited by the
Penal Code.
13. As early as March 2016, Defendant Eyal was notified by the Dallas Police
Department (“DPD”) that the Property was being used for criminal activity.
14. The Property constitutes a common nuisance pursuant to Section 125.0015 of the
Texas Civil Practice and Remedies Code.
15. Defendant Eyal knowingly tolerates the habitual criminal activity, has failed to
make reasonable attempts to abate the activity, and continues to maintain the Property as a
common nuisance.
16. Additionally, the following violations of the Dallas City Code exist or have
existed at the Property:
Violations of Chapter 27 of the Dallas City Code:
a. Failure to perform all repairs in a workmanlike manner and in accordance with all
applicable federal, state and local laws, rules and regulations, including the
construction codes in violation of Section 27-11(b);
b. Failure to maintain the premises in operating condition without any holes,

excavations, sharp protrusions, and without any other object or condition that
exists on the land and is reasonably capable of causing injury to a person in
violation of Section 27-11(c)(1);
c. Failure to keep the doors and windows of a vacant structure or vacant portion of a
structure securely closed to prevent unauthorized entry in violation of Section 27-
11(c)(6);
d. Failure to protect, by periodic application of paint or other weather-coating

materials, any exposed metal or wood surfaces from the elements and against
decay or rust in violation of Section 27-11(c)(7);
e. Failure to maintain structural members free from deterioration so that they are
capable of safely supporting imposed dead and live loads in violation of Section
27-11(d)(1);
f. Failure to maintain building and structural materials, including wood, gypsum

products, glass, fiberglass, paper, canvas, fabric plastic, vinyl, masonry, ceramic,
plastic, brick, rock, stucco, slate, concrete, asphalt, tin, copper, steel, iron,
aluminum, and other metals, in operating condition in violation of Section 27-
11(d)(2);
g. Failure to maintain roofs in operating condition, free from leaks, holes, charred or
deteriorated roofing materials, rotted wood, and other unsafe conditions in
violation of Section 27-11(d)(3)(A);
h. Failure to maintain gutters and downspouts, if any, in operating condition and

securely fastened in violation of Section 27-11(d)(3)(B);
i. Failure to maintain all flooring in operating condition, free from holes, cracks,
decay, and trip hazards in violation of Section 27-11(d)(6);
j. Failure to maintain shower enclosure floors and walls in operating condition, free
of holes, cracks, breaches, decay, rust, and rot in violation of Section 27-11(d)(7);
k. Failure to maintain kitchen and bathroom countertops and backsplashes

surrounding kitchen sinks and lavatory sinks in operating condition free of decay,
rust, and rot in violation of Section 27-11(d)(8);
l. Failure to maintain all interior walls and ceilings in operating condition in

violation of Section 27-11(d)(9)(A);
m. Failure to keep all interior walls and ceilings securely fastened to eliminate
collapse hazards in violation of Section 27-11(d)(9)(B);
n. Failure to maintain interior surfaces, including windows and doors, in operating

condition in violation of Section 27-11(d)(9)(C);
o. Failure to repair, remove, or cover all peeling, chipping, flaking, or abraded paint
in violation of Section 27-11(d)(9)(D);
p. Failure to repair all cracked or loose plaster, wood, or other defective surface
conditions in violation of Section 27-11(d)(9)(E);
q. Failure to maintain the glass surfaces of exterior windows and skylights so that
they are weather-tight and in operating condition in violation of Section 27-
11(d)(10);
r. Failure to maintain exterior doors so that they are weather-tight and in operating
condition in violation of Section 27-11(d)(11);
s. Failure to maintain all balconies, landings, porches, decks, and walkways in

operating condition and securely fastened in violation of Section 27-11(d)(14)(A);
t. Failure to maintain all handrails and guardrails in operating condition and securely
fastened and anchored in violation of Section 27-11(d)(15)(A);
u. Failure to maintain all handrails and guardrails so that they are capable of safely
supporting imposed dead and live loads in violation of Section 27-11(d)(15)(B);
v. Failure to maintain steps and stairways in operating condition, securely fasted and
anchored, and free from trip hazards in violation of Section 27-11(d)(16)(A);
w. Failure to maintain steps and stairways so that they are capable of safely
supporting dead and live loads in violation of Section 27-11(d)(16)(B);
x. Failure to seal any cracks or breaches in lightweight concrete steps, balconies, and
walkways in violation of Section 27-11(d)(16)(C);
y. Failure to provide, and maintain, in operating condition, refrigerated air

equipment capable of maintaining a room temperature of at least 15 degrees
cooler than the outside temperature, but in no event higher than 85°F in each
habitable room in violation of Section 27-11(e)(1)(A)(i);
z. Failure to maintain all fixed air-conditioning systems, including air conditioning

unit covers, panels, conduits, and disconnects, in operating condition, properly
attached, in violation of Section 27-11(e)(1)(A)(ii);
aa. Failure to install window-mounted air conditioning units, if provided, in

compliance with the construction codes in violation of Section 27-11(e)(1)(A)(iii);
bb. Failure to maintain provided appliances, including portable heating units, portable
air conditioning units, cook stoves, refrigerators, dishwashers, garbage disposals,
ventilation hoods, washing machines, and clothes dryers, and appliance
connections, in operating condition in violation of Section 27-11(e)(3);
cc. Failure to connect and maintain all plumbing fixtures in operating condition in
violation of Section 27-11(f)(3)(C);
dd. Failure to cap each sewer clean-out opening with an approved plug, except when
the sewer line is being serviced in violation of Section 27-11(f)(3)(G);
ee. Failure to maintain all electrical equipment and materials in operating condition in
violation of Section 27-11(g)(1);
ff. Failure to maintain electrical circuits and outlets sufficient to safely carry a load
imposed by normal use of appliances, equipment, and fixtures, and maintain them
in operating condition in violation of Section 27-11(g)(2);
gg. Failure to maintain in each habitable room, bathroom, hallway, and stairway of a
dwelling unit at least one electric lighting outlet, and the electric lighting outlet
must be controlled by a wall switch, unless a wall switch is not required by the
construction codes in violation of Section 27-11(g)(3);
hh. Failure to maintain all electric light fixtures located adjacent to exterior doors of
all buildings or structures in operating condition in violation of Section 27-
11(g)(4);
ii. Failure to use extension cords and flexible cords in accordance with the
construction codes, and not as substitutes for permanent wiring in violation of
Section 27-11(g)(5);
jj. Failure to maintain overall illumination of four footcandles for exterior lighting on
the premises, measured in accordance with the Housing Standards Manual in
violation of Section 27-11(h)(1)(B);
kk. Failure to maintain illumination from dusk until dawn along pedestrian pathways;
in plazas, courtyards, building entrances, parking areas, including carports and
driveway areas, and other outdoor spaces commonly used in violation of Section
27-11(h)(2)(A)(i);
ll. Failure to maintain illumination from dusk until dawn at stairwells, landings, and
areas under the lower landing in violation of Section 27-11(h)(2)(A)(ii);
mm. Failure to maintain illumination from dusk until dawn along breezeways,
and transitional lighting must be maintained at all entries to a breezeway in
violation of Section 27-11(h)(2)(A)(iii);
nn. Failure to maintain illumination from dusk until dawn at cluster or gang
mailboxes in violation of Section 27-11(h)(2)(A)(iv);
oo. Failure to maintain exterior lighting so that it reduces conflicts or obstructions

between building design and landscape treatments and provides appropriate crime
prevention in violation of Section 27-11(h)(2)(B);
pp. Failure, where evidence of an infestation exists, to eliminate the infestation using
a person licensed under the Texas Structural Pest Control Act, as amended, and
repair any condition that contributes to that infestation in violation of Section 27-
11(i)(1)(A);
qq. Failure to maintain swimming pools, spas, ponds, and fountains in operating
condition in violation of Section 27-11(i)(3)(ii);
rr. Failure to maintain the interiors of all vacant dwellings free of solid waste in
violation of Section 27-11(i)(5)(B);
ss. Failure to provide and maintain security devices in each dwelling unit as required
by Sections 92.153, 92.154, and 92.155 of the Texas Property Code, as amended
in violation of Section 27-11(j);
tt. Placing, depositing, or throwing; permitting to accumulate; or permitting or

causing to be placed, deposited, or thrown, any litter on the premises or in or on
any gutter or parkway adjacent to the premises, unless the litter has been deposited
in an authorized private receptacle for collection in violation of Section 7A-18;
uu. Suffering or permitting any cellar, vault, drain, pool, privy, sewer, yard, grounds
or premises to become, from any cause, nauseous, foul, offensive or injurious to
the public health, or unpleasant and disagreeable to adjacent residents or persons
in violation of Section 19-17;
vv. Failure to remove all graffiti from the property that is visible from any public
property or right-of-way or from any private property other than the property on
which the graffiti exists, unless the graffiti was created on the property with the
owner’s consent and does not violate the sign regulations of the Dallas
Development Code or any other applicable city ordinance or state or federal law in
violation of Section 31-38(b);
ww. Failure to provide a building complex composed of multiple structures

with an official number assigned to each building and each unit within each
building must also be assigned an official number in violation of Section 43-
104(a);
xx. Failure to post directional signs at each entrance to the complex and at each
intersection of vehicular accesses, other than public streets, within the complex in
violation of Section 43-104(b);
Violations of Dallas Development Code:
yy. Failure to keep the maneuvering area and parking surface free of potholes in
violation of Section 51A-4.301(d)(6)(A);
zz. Failure to maintain non-permanent parking space markings such as paint, so that
clear identification of each parking space is apparent in violation of Section 51A-
4.301(d)(6)(C);
Violations of Dallas Administrative Procedures for the Construction Code:
aaa. Failure to obtain a permit from the building official before erecting,
constructing, enlarging, adding to, altering, repairing, replacing, moving,
improving, removing, installing, converting, demolishing, equipping, using,
occupying, or maintaining a structure or building service equipment; excavating
or maintaining an excavation; paving or grading on a property; causing such work
or activity described above to be done in violation of Section 52-301.1.1;
Violations of Dallas Fire Code:
bbb. Failure to provide a technical opinion and report prepared by a qualified

engineer or specialist required by the fire code official analyzing the fire safety
properties of design, operation, alteration, repairs, or use of building
appurtenances situated thereon recommending changes in violation of Chapter 1,
Section 104.7.2;
ccc. Failure to remedy or abate conditions that constitute unsafe conditions in

violation of Chapter 1, Section 110.1.1 and Section 110.4;
ddd. Failure to maintain the surface of all fire department access roads to
support the imposed loads of fire apparatus and all weather driving capabilities in
violation of Chapter 5, Section 503.2.3;
eee. Failure to provide or maintain where required, approved signs or other

approved notices or markings that include the words NO PARKING – FIRE LINE
and maintain all markings in a clean and legible condition at all times in violation
of Chapter 5, Section 503.3;
fff. Failure to provide approved visible address identification that is legible,

contrasting, and placed in a position that is visible from the street or road fronting
the property in violation of Chapter 5, Section 505.1;
ggg. Failure to remedy or abate electrical hazards in violation of Chapter 6,

Section 605.2;
hhh. Failure to provide a working space not less than 30 inches in width, 36
inches in depth and 78 inches in height for electrical service equipment in
violation of Chapter 6, Section 605.3;
iii. Failure to properly repair, restore or replace fire-resistant material, including, but
not limited to, walls, firestops, shaft enclosures, partitions, smoke barriers, floors,
fire resistive coatings and sprayed fire-resistant material applied to structural
members and fire resistant joint systems in violation of Chapter 7, Section 703.1;
jjj. Failure to maintain fire detection, alarm, and extinguishing systems currently
inspected, tested, and in operative condition at all times in violation of Chapter 9,
Section 901.6;
kkk. Failure to immediately notify the fire department and fire code official of a
required fire protection system’s status of being out of service in violation of
Chapter 9, Section 901.7;
lll. Failure to install and maintain single or multiple station smoke alarms in the
following locations: (1) in each sleeping room, (2) on the ceiling or wall outside
of each separate sleeping area in the immediate vicinity of the bedrooms, and (3)
on each additional story of the dwelling including basements and cellars but not
including crawl spaces and uninhabitable attics in violation of Chapter 9, Section
907.2.11.2.
17. True and correct copies of the ordinances cited above are attached. These
ordinances relate to:
a. The preservation of public safety, relating to the material or methods used to
construct a building or other structure or improvement, including the foundation,
structural elements, electrical wiring or apparatus, plumbing fixtures, entrances,
or exits;
b. The preservation of public health or to the fire safety of a building or other
structure or improvement;
c. Zoning that provides for the use of land or classifies a parcel of land according
to the municipality’s district classification scheme;
d. Dangerously damaged or deteriorated structures or improvements; or
e. Conditions caused by accumulation of refuse, vegetation, or other matter that
creates breeding and living places for insects and rodents.
18. In regards to the property, persons other than Defendant and property other than
Defendant’s will continue to suffer from adverse impacts and risk substantial danger of injury
unless Defendant complies with one or more of these ordinances. These violations of the
ordinances threaten harm that is irreparable.
VI. CAUSES OF ACTION AND REQUEST FOR RELIEF
A. Temporary and Permanent Relief under Chapter 125 of the Texas Civil Practice
and Remedies Code
19. The City re-alleges paragraphs 1-18 as if fully set forth herein.
20. The City requests a temporary injunction, and permanent injunction pursuant to
Section 125.002 of the Texas Civil Practice and Remedies Code immediately prohibiting Eyal
from maintaining the Property as a common nuisance, specifically, as a place to which persons
habitually go for delivery, possession, manufacture, or use of a controlled substance in violation
of Chapter 481, Health and Safety Code, aggravated assault, robbery, aggravated robbery, and
unlawfully carrying a weapon.
21. If, after notice and hearing on a request by the City for a temporary injunction, the
Court determines that the City is likely to succeed on the merits in a suit brought under Section
125.002 of the Civil Practice and Remedies Code, the City requests that the Court order
reasonable requirements to prevent the use or maintenance of the Property as a common
nuisance.
22. If, after notice and hearing on a request by the City for a temporary injunction, the
Court determines that the City is likely to succeed on the merits in a suit brought under Section
125.002 of the Civil Practice and Remedies Code, the City requests, and Section 125.045(a)
mandates, that the Court: 1) require Defendants to execute a bond payable to the State of Texas
at Dallas County in an amount no more than $10,000 but not less than $5,000; 2) require that
Defendants have sufficient sureties approved by the Court; and 3) condition such bond on the
requirement that Defendants will not knowingly maintain a common nuisance at the Property.
23. The City further requests that if final judgment be in favor of the City, pursuant to
Sections 125.002(e) and (f) of the Texas Civil Practice and Remedies Code, the Court grant a
permanent injunction requiring the following: 1) ordering Defendants to abate the common
nuisance at the Property; 2) enjoining Defendants from maintaining or participating in the
common nuisance at the Property; and 3) imposing specific requirements on Defendants to
prevent the use or maintenance of the Property as a common nuisance.

24. Additionally, if final judgment be in favor of the City, such judgment would be a
judgment in rem against the Property as well as a judgment against Defendant Eyal. As a result,
the City requests, and Section 125.002(e) of the Texas Civil Practices and Remedies Code
mandates, that the Judgment order that the Property be closed for one year after the date of the
Judgment.
25. If, after entry of a temporary or permanent injunction, the Court determines that a
condition of the injunctive order has been violated, the City requests that, pursuant to Section
125.045(b) of the Texas Civil Practice and Remedies Code, the Court issue an order to:
(a) allow the City to discontinue the furnishing of utility services to the Property;
(b) allow the City to prohibit the furnishing of utility service to the Property by any public
utility holding a franchise to use the streets and alleys of the City of Dallas;
(c) allow the City to revoke the certificate of occupancy for the Property;
(d) allow the City to prohibit the use of city streets and alleys and other public ways for
access to the Property during the existence of the common nuisance or in furtherance of the
common nuisance;
(e) limit the hours of operation of the Property, to the extent that the hours of operation
are not otherwise specified by law;
(f) require the landlord to terminate a tenant’s lease if the landlord and tenant are parties
to the suit and the tenant has violated a condition of the injunctive order; or
(g) provide any other legal remedy available under the laws of the State.
26. Pursuant to Section 125.045(c), if a condition of a bond filed or an injunctive
order entered under Chapter 125 of the Civil Practice and Remedies Code in this case is violated,
the City may sue on the bond in the name of the state, with the remedy that the whole sum of the
bond shall be forfeited as a penalty to the City.

27. If Defendant(s) fail to abide by any order issued by this Court, in addition to other
remedies provided by law, the City requests that the Court hold Defendant(s) in contempt
pursuant to Sections 125.002(d) and 125.066 of the Civil Practice and Remedies Code, and
subject Defendant(s) to a sentence of a fine not less than $1,000 or more than $10,000;
confinement in jail for no more than 30 days but no fewer than 10 days; or a combination of such
fine and confinement.
B. Temporary and Permanent Relief and Civil Damages under Chapters 54 and 211 of
the Texas Local Government Code
28. The City re-alleges paragraphs 1-27 as if fully set forth herein.
29. These causes of action arise under Subchapter B of Chapter 54 and Subchapter A
of Chapter 211 of the Texas Local Government Code.
30. Chapter 54 of the Texas Local Government Code provides: “A municipality may
bring a civil action for the enforcement of an ordinance: (1) for the preservation of public
safety…; (2) related to preservation of public health…; (3) for zoning that provides for the use
of land or classifies a parcel of land according to the municipality's district classification
scheme…” Tex. Loc. Gov’t Code § 54.012.
31. Chapter 211 of the Texas Local Government Code provides: “if a building, other
structure, or land is … maintained or if a building, other structure or land is used in violation of
[a zoning] ordinance …, the appropriate municipal authority ... may institute appropriate action
to: (1) prevent the unlawful … maintenance, or use; (2) restrain, correct, or abate the violation;
(3) prevent the occupancy of the building, structure, or land; or (4) prevent any illegal act,
conduct, business, or use on or about the premises.” Tex. Loc. Gov’t Code § 211.012(c).
32. Section 54.016 of the Texas Local Government Code empowers the City to seek
injunctive relief against both the owners of the Property and the owner's representative with
control over the Property on a showing of substantial danger of injury or an adverse health
impact to any person or to the property of any person other than the defendant. This injunction
may prohibit specific conduct that violates the ordinance; and/or require specific conduct that is
necessary for compliance with the ordinance.
33. Therefore, the City further requests temporary and permanent injunctive relief,
ordering Defendants to comply with Dallas City Code.
34. As a matter of law, the City is not required to post a bond to obtain injunctive
relief requiring the Defendants to comply with the City Code. See Tex. Civ. Prac. & Rem. Code
§ 6.002; Dallas City Charter, Ch. II, § 1(4) & ch. XXIV, § 2.
35. Pursuant to Section 54.017 of the Texas Local Government Code, the City
requests an award of civil penalties not to exceed $1,000 per day for each violation of the City
Code that exists on the Property.
36. The City seeks a judgment against Defendants.
37. The City also requests post-judgment interest at the maximum amount allowed by
law and taxable costs of court.
C. Request for Attorneys’ Fees and Costs
38. The City seeks Attorneys’ Fees and costs under Texas Civil Practice and
Remedies Code Section 125.00(b) and (d).
VI. REQUEST FOR JURY TRIAL
39. The City respectfully requests a trial by jury on all issues so triable.
PRAYER
WHEREFORE PREMISES CONSIDERED, the City respectfully requests that the Court
grant the following relief in the City’s favor:
1) That the City be granted temporary and permanent injunctive relief as requested herein;
2) That the City be awarded judgment in its favor for civil penalties of $1,000 per day,
per violation for each day that Property remains in violation of the Dallas City Code;
3) That the City be awarded judgment in its favor for all taxable costs of court;
4) That the City be awarded judgment in its favor for post-judgment interest at the highest
legal rate, and
5) Such other and further relief, general or special, at law or in equity, to which the City
may show itself to be justly entitled.
Respectfully submitted,
CITY ATTORNEY OF THE CITY OF DALLAS
LARRY E. CASTO
/s/ Andrew Gilbert
ANDREW GILBERT
State Bar of Texas No. 24012696
[email protected]
Senior Assistant City Attorney
KRISTEN KRAMER
State Bar of Texas No. 24088833
[email protected]
Assistant City Attorney
Dallas City Hall

1500 Marilla Street, Suite 7DN
Dallas, Texas 75201
Telephone – 214-670-3519
Telecopier – 214-670-0622
ATTORNEYS FOR PLAINTIFF
VERIFICA HON
STATE OF TEXAS
COUNTY OF DALLAS
I, Kate Lawler, a certified code inspector with the City of

Dallas, after being duly sworn, hereby
certify that I am qualified and authorized to make this affida
vit, and that I have read each and
every factual allegation contained within paragraphs 9-10,
16(a) (aaa) and 17-18 of this
Petition, and that said factual allegations are within my perso
nal knowledge and are true and
correct.
Kate Lawler
Subscribed and sworn to before me this ~ a y of Septe

mber 2017.
City of Dallas ' Origin al Petitio n, Reque sl for Tempo

rary Injunc tion and
Perma nent Injunc tion and Reque st for Disclo sure -
City of Dallas v. Eyal Dallas Holding, LLC, et al, Page 16.
VERIFICATION
STATE OF TEXAS
COUNTY OF DALLAS
I, Cliffton Clark, a fire inspector with the City of Dallas, after being duly sworn, hereby certify
that I am qualified and authorized to make this affidavit, and that I have read each and every
factual allegation contained within paragraphs 9-10, l 6(bbb) - (lll) and 17-18 of this Petition,
and that said factual allegations are within my personal knowledge and are true and correct.
day of September 2017.
City of Dallas' Original Petition, Request for Temporary Injunction and

Permanent Injunction and Request for Disclosure - Page 17.
§ 27-8 Minimum Property Standards § 27-11
SEC. 27-8. RESERVED. accordance with all applicable federal, state, and local
(Repealed by Ord. 26455) laws, rules, and regulations, including the construction
codes.
SEC.27-9. RESERVED. (c) Property standards. An owner shall:

(Repealed by Ord. 26455)
(1) maintain his or her premises in
operating condition without any holes, excavations, or
SEC. 27-10. RESERVED. sharp protrusions, and without any other object or
(Repealed by Ord. 24457) condition that exists on the land and is reasonably
capable of causing injury to a person;
ARTICLE III. (2) securely cover or close any wells,

cesspools, or cisterns;
MINIMUM STANDARDS.
(3) provide solid waste receptacles or
containers when required by Chapter 18 of this code,
SEC. 27-11. MINIMUM PROPERTY as amended;
STANDARDS;
RESPONSIBILITIES OF (4) provide drainage to prevent standing
OWNER. water and flooding on the land;
(a) In general. (5) remove dead trees and tree limbs that
are reasonably capable of causing injury to a person;
(1) The regulations in this article are
minimum property standards for vacant and occupied (6) keep the doors and windows ofa vacant
buildings, properties, and structures. In addition to the structure or vacant portion of a structure securely
minimum property standards, all buildings, properties, closed to prevent unauthorized entry; and
and structures must comply with all federal, state, and
local laws and regulations, including the construction (7) protect, by periodic application of paint
codes. or other weather-coating materials, any exposed metal
or wood surfaces from the elements and against decay
(2) The minimum property standards are or rust.
intended to complement existing laws and regulations.
If any provision of this chapter is less restrictive than (d) Structural and material standards.
another applicable law or regulation, the more
restrictive law or regulation shall apply. (1) In general. An owner shall maintain
structural members free from deterioration so that they
(3) An owner who enters into a written lease are capable of safely supporting imposed dead and
shall, upon the occupant's request, provide the live loads.
occupant with a written lease in the occupant's primary
language, if the primary language is English, Spanish, (2) Construction materials. An owner shall
or Vietnamese. maintain building and structural materials, including
wood, gypsum products, glass, fiberglass, paper,
(b) Repairs. All repairs required by this section canvas, fabric, plastic1 vinyl, masonry, ceramic, plaster,
must be performed in a workmanlike manner and in brick, rock, stucco, slate, concrete, asphalt, tin, copper,
10 Dallas City Code EXHIBIT 4/17
A
§ 27-11 Minimum Property Standards §27-11
steel, iron, aluminum, and other metals, in operating (C) maintain all interior surfaces,
condition. including windows and doors, in operating condition;
(3) Roofs. An owner shall: (D) repair, remove, or cover all peeling,
chipping, flaking, or abraded paint; and
(A) maintain roofs in operating
condition, free from leaks, holes, charred or (E) repair all cracked or loose plaster,
deteriorated roofing materials, rotted wood, and other wood, or other defective surface conditions.
unsafe conditions; and
(10) Exterior windows and skylights. An
(B) maintain gutters and downspouts, owner shall maintain the glass surfaces of exterior
if any, in operating condition and securely fastened. windows and skylights so that they are weather tight
and in operating condition.
(4) Chimneys and towers. An owner shall
maintain chimneys, cooling towers, smoke stacks, and (11) Exterior doors. An owner shall
similar appurtenances in operating condition. maintain exterior doors so that they are weather tight
and in operating condition.
(5) Foundations. An owner shall maintain
foundations and foundation components in operating (12) Security devices. An owner shall
condition, and keep all foundation components maintain any bars, grilles, grates, and security devices
securely fastened. in operating condition ..
(6) Floors. An owner shall maintain all (13) Ventilation. An owner shall maintain
flooring in operating condition, free from holes, cracks, all natural and mechanical ventilation in habitable
decay, and trip hazards. rooms in operating condition.
(7) Shower enclosures. An owner shall (14) Balconies, landings, porches, decks, and
maintain shower enclosure floors and walls in walkways. An owner shall maintain:
operating condition, free of holes, cracks, breaches,
decay, rust, and rot. (A) all balconies, landings, porches,
decks, and walkways in operating condition and
(8) Countertops and backsplashes. An secure! y fastened;
owner shall maintain kitchen and bathroom
countertops and backsplashes surrounding kitchen (B) support posts, columns, and
sinks and lavatory sinks in operating condition free of canopies in operating condition, securely fastened and
decay, rust, and rot. anchored.
(9) Interior walls, ceilings, and surfaces; (15) Handrails and guardrails. An owner
doors. An owner shall: shall maintain all handrails and guardrails:
(A) maintain all interior walls and (A) in operating condition and securely
-<
ceilings in operating condition; fastened and anchored; and
(B) keep all interior walls and ceilings (B) so that they are capable of safely
securely fastened to eliminate collapse hazards; supporting imposed dead and live loads.
4/17 Dallas City Code 11

(16) Steps and stairways. An owner shall: (i) provide, and maintain, in
operating condition, refrigerated air equipment
(A) maintain steps and stairways in capable of maintaining a room temperature of at least
operating condition, securely fastened and anchored, 15 degrees cooler than the outside temperature, but in
and free from trip hazards; no event higher than 85° F. in each habitable room;
(B) maintain steps and stairways so that (ii) maintain all fixed air
they are capable of safely supporting imposed dead conditioning systems, including air conditioning unit
and live loads; and covers, panels, conduits, and disconnects, in operating
condition, properly attached; and
(C) seal any cracks or breaches in
lightweight concrete steps, balconies, and walkways. (iii) install window-mounted air
conditioning units, if provided, in compliance with the
(17) Fencing, retaining walls, and barriers. construction codes.
An owner shall:
(B) It is a defense to prosecution under
(A) maintain all fences, retaining walls, this paragraph that at least one habitable room is 85° F.
decorative walls, and barriers in operating condition, at a point three feet above the floor and two feet from
and in accordance with the Dallas Development Code, exterior walls if the outside temperature is over 110° F.
as amended. This requirement applies to a masonry
wall only if the masonry wall encloses: (2) Heating.
(i) a multitenant property; or (A) An owner shall:
a single-family or duplex
(ii) (i) provide, and maintain, in
property where the wall is not shared with another operating condition, heating facilities capable of
property; maintaining a room temperature of at least 15 degrees
warmer than the outside temperature, but in no event
(B) repair or replace rotted, missing, lower than 68° F. in each habitable room; and
fire-damaged, or broken wooden slots and support
posts; (ii) if provided, maintain, in
operating condition, heating facilities in buildings or
(C) repair or replace broken, missing, or structures other than dwelling units.
bent metal posts and tom, cut, bent, or ripped metal
fencing materials; and (B) It is a defense to prosecution under
this paragraph that at least one habitable room is 68° F.
(i) encloses a multitenant at a point three feet above the fioor and two feet from
property or a single-family property or duplex, or exterior walls if the outside temperature is under 40°
F.
(ii) serves as a retaining wall.
(3) Appliances. If appliances are provided
(e) Utility and appliance standards. in a rental dwelling unit, the owner shall maintain
those appliances, including portable heating units,
(1) Air conditioning. portable air conditioning units, cook stoves,
refrigerators, dishwashers, garbage disposals,
(A) An owner shall: ventilation hoods, washing machines, and clothes
12 Dallas City Code 4/17

dryers, and appliance connections, in operating (E) keep all plumbing fixtures
condition. connected to a public sewer system or to an approved
private sewage disposal system;
(f) Plumbing standards.
(F) maintain all piping distribution
(1) Plumbing systems. An owner shall systems in operating condition, and eliminate all
maintain: unsafe, unsanitary, and inoperable conditions in such
distribution systems; and
(A) all plumbing pipes, fittings, and
valves necessary to supply and conduct natural fuel (G) cap each sewer clean-out opening
gases, sanitary drainage, storm drainage, or potable with an approved plug, except when the sewer line is
water in operating condition; and being serviced.
(B) all plumbing fixtures free of cross- (4) Water heating equipment. An owner
connections and conditions that permit backflow into shall:
the potable water supply.
(A) maintain all water heating
(2) Fuel gas distribution systems. An owner equipment, including existing fuel-fired water heaters,
shall maintain distribution systems that carry fuel gas in operating condition;
or liquefied petroleum gas in leak-free condition in
accordance with the construction codes. If such a (B) maintain all water heating
distribution system has been compromised, an owner equipment with a pressure relief valve with an
shall have the system pressure-tested and repaired in approved drain line;
accordance with the Dallas Fuel Gas Code, Chapter 60
of the Dallas City Code, as amended. (C) provide and maintain, in operating
condition, water heating equipment that supplies hot
(3) Plumbing fixtures. An owner shall: water at a minimum temperature of 110° F., measured
at the water outlet, to every required plumbing fixture;
(A) provide each dwelling unit with:
(D) vent all fuel-fired water heating
(i) a kitchen equipped with a equipment as required by the construction codes; and
kitchen sink; and
(E) maintain boilers and central
a m1mmum of one toilet; a
(ii) heating plants in operating condition.
lavatory sink; and either a bathtub or shower, or a
combination of bathtub and shower; (g) Electrical standards. An owner shall:
(B) keep all plumbing fixtures (1) maintain all electrical equipment and
connected to an approved potable water supply system; materials in operating condition;
(C) connect and maintain all plumbing (2) maintain electrical circuits and outlets
fixtures in operating condition; sufficient to safely carry a load imposed by normal use
of appliances, equipment, and fixtures, and maintain
(D) equip toilets and urinals with cold them in operating condition;
potable water under pressure necessary for safe and
sanitary operation;

(3) maintain in each habitable room, (B) An owner shall maintain exterior
bathroom, hallway, and stairway of a dwelling unit at lighting so that it reduces conflicts or obstructions
least one electric lighting outlet, and the electric between building design and landscape treatments and
lighting outlet must be controlled by a wall switch, provides appropriate crime prevention.
unless a wall switch is not required by the construction
codes; (i) Health standards.
(4) maintain all electric light fixtures located (1) Infestations.

adjacent to exterior doors of all buildings or structures
in operating condition; and (A) Where evidence of an infestation
exists, the owner of a building, structure, or property,
(5) use extension cords and flexible cords in including a vacant or occupied one- or two-family
accordance with the construction codes, and not as dwelling, or multifamily dwelling, shall eliminate the
substitutes for permanent wiring. infestation using a person licensed under the Texas
Structural Pest Control Act, as amended, and repair
(h) Lighting standards for mu! ti tenant properties. any condition that contributes to an infestation.
(1) In general. (B) If the building, structure, or

property is a rental property, the owner shall provide
(A) An owner shall not wire lighting in notice to the tenants at least 48 hours before taking
common areas into individual dwelling units. steps to eliminate an infestation.
(B) An owner shall maintain overall (i) Notice must be in writing and
illumination of four footcandles for exterior lighting on must include the method being used to eliminate the
the premises, measured in accordance with the infestation.
Housing Standards Manual.
(ii) Atenantmayinwritingwaive
(2) Exterior lighting. the 48-hour requirement.
(A) An owner shall maintain (2) Common toilet and shower facilities. An
illumination from dusk until dawn: owner shall maintain in operating condition toilet and
shower facilities in common area multifamily uses.
(i) along pedestrian pathways; in
plazas, courtyards, building entrances, parking areas, (3) Swimming pools, spas, ponds, and
including carports and driveway areas; and other fountains.
outdoor spaces commonly used.
(i) Water in swimming pools, spas,
(ii) at stairwells, landings, and ponds, and fountains must be maintained to prevent
areas under the lower landing. the breeding or harborage of insects.
(iii) along breezeways, and (ii) Swimming pools, spas, ponds, and
transitional lighting must be maintained at all entries to fountains must be maintained in operating condition.
a breezeway.
(iii) Fences or other barriers enclosing
(iv) at cluster or gang mailboxes. swimming pools, spas, ponds, and fountains must be
maintained in operating condition.

(iv) Pool yard enclosures, as defined in consecutive days after receiving such notice or citation;
Chapter 757 of the Texas Health and Safety Code, as or
amended, shall be maintained in operating condition
and must comply with the standards in Chapter 757 of (2) after being issued a notice or citation for
the Texas Health and Safety Code, as amended. violation of Subsection (e)(l) of this section, the owner
fails to repair refrigerated air equipment within 72
(4) Sewage overflow. An owner shall hours after receiving such notice or citation and the
sanitize all areas contaminated by sewage overflow daytime high temperature, as measured by the
immediately after servicing is completed. National Weather Service at Dallas Love Field, is 95° F.
or above for three consecutive days after receiving
(5) Vacant dwelling units. such notice or citation.
(A) An owner shall maintain the (m) It is a defense to prosecution under

interiors of all vacant dwelling units free of solid waste. Subsections (e)(l) and (e)(2) of this section and to the
alternative housing requirements of Subsection (i) of
(B) The ownerofa vacant dwelling unit this section that:
must store any swimming pool chemicals, cleaning
chemicals, pesticides, herbicides, rodenticides, (1) failure to maintain heating and
fertilizers, paints, solvents, gasoline, gasoline-powered refrigerated air equipment in compliance with those
equipment, or combustible materials of any kind in subsections was the direct result of an act of nature or
accordance with the construction codes and the Dallas other cause beyond the reasonable control of the
Development Code, as amended. owner; or
(j) Security standards. An owner of a (2) the owner is making diligent efforts to
multifamily dwelling, other than one exempt from repair the heating and refrigerated air equipment in
registration under this chapter, shall provide and compliance with those subsections; if the owner
maintain security devices in each dwelling unit as demonstrates to the director that diligent efforts to
required by Sections 92.153, 92.154, and 92.155 of the repair are being made, the director will not issue a
Texas Property Code, as amended. notice or citation for a violation of Subsection (e)(l) or
(e)(2) of this section.
(k) It is a defense to prosecution under
Subsection (a) of this section that the premises is the site (n) It is a defense to prosecution under
of new construction and reasonable and continuous Subsection (e)(2) of this section and to the alternative
progress is being made to complete the construction. housing requirements of Subsection (i)(l) of this
section that a written contract is in effect requiring the
(I) An owner shall provide a tenant with tenant to provide and maintain heating equipment and
alternative housing that meets the minimum standards the owner has provided utility connections for heating
required by this section when: equipment in compliance with the Dallas Mechanical
Code, as amended, in each room of the structure
(1) after being issued a notice or citation for intended for human occupancy.
violation of Subsection (e)(2) of this section, the owner
fails to repair heating equipment within 72 hours after (o) It is a defense to prosecution under
receiving such notice or citation and the overnight low Subsection (e)(l) of this section and to the alternative
temperature, as measured by the National Weather housing requirement of Subsection (i)(2) of this section
Service at Dallas Love Field, is below 40° F. for three that the structure is not a rental property. (Ord. Nos.
15198;15372;15919;16473;19234;20578;24481;25522;
30236)

§ 7A-16 Anti-Litter Regulations § 7A-19.1
(c) It is a defense to prosecution under in or on any gutter, parkway, sidewalk, or alley

Subsection (a) of this section that the notice, poster, adjacent to the private property. (Ord. Nos. 10371;
paper, or device was posted or affixed in a manner and 20599)
location authorized or required by another city
ordinance or by state or federal law. (Ord. Nos. 10371;
23632) SEC. 7A-19.1. CITY REMOVAL OF LITTER FROM
PRIVATE PREMISES; NOTICE
REQUIRED.
SEC. 7A-17. THROWIN G OR DEPOSITIN G
LITTER ON PRIVATE PREMISES. (a) Upon the failure of the owner, occupant, or
person in control of private premises to comply with
A person commits an offense if he throws or Section 7A-18 of this chapter, the director shall have
deposits litter on any occupied private premises within the litter removed from the premises.
the city, whether owned by the person or not, or in or
on any gutter, parkway, sidewalk, or alley adjacent to (b) Before having the litter removed, the director
the private premises; except that the owner, occupant, must notify the owner of the premises to bring the
or person in control of private premises may maintain premises into compliance with Section 7A-18 within
authorized private receptacles for collection in such a seven days. The notice must be in writing and may be
manner that litter will be prevented from being carried served by handing it to the owner in person or by
or deposited by the elements upon any street, gutter, sending it United States regular mail, addressed to the
parkway, sidewalk, alley, or other public place or upon owner at the owner's address as recorded in the
any private premises. (Ord. Nos. 10371; 20599) appraisal district records of the appraisal district in
which the premises are located.
SEC. 7A-18. DUTY TO MAINTAIN PREMISES (c) If personal service to the owner cannot be
FREE FROM LITTER. obtained, then the owner may be notified by:
An owner, occupant, or person in control of (1) publication at least once in the official
private premises commits an offense if he places, newspaper adopted by the city council;
deposits, or throws; permits to accumulate; or permits
or causes to be placed, deposited, or thrown, any litter (2) posting the notice on or near the front
on the premises or in or on any gutter or parkway door of each building on the premises to which the
adjacent to the premises or on one-half of that portion violation relates; or
of an alley adjacent to the premises, unless the litter has
been deposited in an authorized private receptacle for (3) posting the notice on a placard attached
collection. (Ord. Nos. 10371; 13804; 20599) to a stake driven into the ground on the premises to
which the violation relates.
SEC. 7A-19. DEPOSITIN G LITTER ON VACANT (d) If the director mails a notice to a property
LOTS PROHIBITED. owner in accordance with Subsection (b) and the
United States Postal Service returns the notice as -<
"refused" or "unclaimed,' the validity of the notice is
1
A person commits an offense if he throws or
deposits litter on any open or vacant private property not affected, and the notice is considered as delivered.
within the city, whether owned by the person or not, or

§ 19-17 Health and Sanitation § 19-21
SEC.19-17. UNWHOLESOME PREMISES · (b) A person commits an offense if he kills or

GENERALLY. slaughters, or causes the killing or slaughter of, any
animal within the city for the purpose of selling,
No person shall suffer or permit any cellar, vault, bartering, donating, or using the animal's flesh for any
drain, pool, privy, sewer, yard, grounds or premises form of human consumption. It is a defense to
belonging to or controlled or occupied by him to prosecution under this subsection that the animal was
become, from any cause, nauseous, foul, offensive or killed or slaughtered:
injurious to the public health, or unpleasant and
disagreeable to adjacent residents or persons. (Code (1) in a slaughterhouse or in a food
1941, Art 86-17) products establishment, as defined in Chapter 17 of
this code, that is operating in compliance with all
applicable city ordinances and state and federal laws;
SEC.19-18. SAME· INSPECTION OF or
PREMISES; REPORT OF
OFFENSES. (2) as part of a religious ritual or ceremony.
(Code 1941, Art. 86-26; Ord. 21962)
The police, the director, the city health officer, or
the city environmental health officer, and such other
officers, employees, or agents as may be designated by SEC.19-20. DEPOSITING FILTH ON
the director, the city health officer, or the city PREMISES PROHIBITED;
environmental health officer for that purpose are OWNER TO REMOVE
authorized to enter and examine all tenements, cellars, ANIMAL CARCASSES.
and other places within the city. If they find any
nuisance or filth, they shall report the same No person shall deposit or place in or on any
immediately to the director, the city health officer, or premises, public or private, enclosed or common,
the city environmental health officer and make a within the city, any vegetable or animal matter or slop,
complaint before the municipal court, unless the owner or any filth of a character likely to affect the public
or occupant immediately causes the same to be health or to produce offensive smells, nor shall any
removed. (Code 1941, Art. 86-66; Ord. 27697) person suffer the carcass of any dead animal, which at
its death belonged to him, to be or remain in or upon
any such place more than six hours after its death.
SEC.19-19. SLAUGHTER OF ANIMALS IN (Code 1941, Art. 86-22)
THE CITY.
(a) A person commits an offense if he operates or SEC.19-21. GREEN OR DECAYED HIDES.

maintains any hidehouse, slaughterhouse, or slaughter
pen, yard, ground, or premises, used for any purpose The depositing, storing, trimming, scouring or
whatever, in the city or within 3,000 feet of the treating of any green, tainted, decaying or malodorous
corporate line, in such manner as to exude noxious hide in the city is hereby declared to be a nuisance, and
odors or stenches, be offensive or disagreeable to any of no person shall hereafter deposit, store, trim, scour,
the inh'!_bitants of the city, or be injurious to the health cure or treat any green, tainted, decaying or
or comfort of any of the inhabitants of the city. malodorous hide at any place within the corporate
limits of the city; provided, that the receiving,
trimming, weighing of green hides not tainted,
Dallas City Code 9

ARTICLE I. GENERAL. Page 1 of2
Print
The Dallas City Code
SEC. 31-38. DUTY OF PROPERTY OWNER TO REMOVE

GRAFFITI.
(a) In this section:

(1) DIRECTOR means the director of the department designated by the city manager to
enforce and administer this section or the director's authorized representative.
(2) GRAFFITI means any marking, including, but not limited to, any inscription, slogan,
drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on
tangible property.
(3) OWNER means any person with the legal right of possession to tangible property.
(b) An owner of any tangible property in the city commits an offense if he fails to remove all
graffiti from the property that is visible from any public property or right-of-way or from any
private property other than the property on which the graffiti exists.
(c) Before issuing a citation for a violation under Subsection (b) of this section, the director
shall serve the property owner with written notice to remove the graffiti from the property within
15 calendar days after the date the notice is served. The notice may be served by handing it to
the owner in person or by United States certified mail, five-day return receipt requested,
addressed to the owner at the owner's post office address as shown in the records of the appraisal
district in which the property is located. If the owner cannot be found and the notice is returned
by the United States Postal Service, then the owner may be notified by:
(1) publication at least once in a newspaper of general circulation in the city;
(2) posting the notice on or near the front door of each building on the property to which the
violation relates; or
(3) posting the notice on a placard attached to a stake driven into the ground on the property
to which the violation relates.
(d) The 15 calendar days will be counted:
(1) from the date the notice is personally served on the owner or from the sixth day after the
notice is placed in the United States certified mail; or
(2) if the owner cannot be found or the notice is returned by the United States Postal
Service, from the date the notice is:
(A) published in accordance with Subsection (c)(l) of this section; or
(B) posted in accordance with Subsection (c)(2) or (c)(3) of this section.
(e) Before the director may issue a notice to remove graffiti under Subsection (c ), all of the
following must occur:
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ARTICLE V. BUILDING NUMBERING. Page 1 of 1
Print
The Dallas City Code
SEC. 43-104. NUMBERING WITHIN BUILDING COMPLEXES.
(a) A building complex composed of multiple structures must have an official number
assigned to each building. Each unit within each building must also be assigned an official
number. If there is sufficient street frontage, each unit or building may be assigned an official
street address number. The official number must be prominently posted on the building so that it
is visible, where possible, from the nearest vehicular access. The official number for each unit
must be conspicuously posted on the unit.
(b) If a building is situated within a complex in such a way that it is not visible from a
vehicular access the owner shall post and maintain directional signs along the nearest vehicular
access indicating the location of the building by building number and unit numbers. (Code 1941,
Art. 68-6; Ord. 15072)
Q/(;/?017
§ 51A-4.301
§ 51A-4.301 Dallas Develo pment Code: Ordinan ce No. 19455, as amende d
(A) A parking space parallel with the (A) concrete paving;

access lane must be 22 feet long and 8 feet wide. A
one-way access lane must be at least 10 feet wide; a (B) hot mix asphalt paving which
two-wa y access lane must be at least 20 feet wide. consists of a binder and surface course; or
(B) All other parking spaces must be (C) a material which has equivalent
provide d in accorda nce with this section and the chart characteristics Subsections (d)(4)(A) or (d)(4)(B) and
of
entitled "Parkin g Bay Widths" on page 271. has the approva l of the building official.
(C) The following restrictions apply to (5) A person commits an offense if he stops,
the use of 7.5 foot stalls to satisfy off-street parking stands, parks, or maneuv ers a motor vehicle on a lot,
requirem ents: unless the vehicle is on a surface as required in
Subsections (d)(3} and (d)(4). The registered owner of
(i) 7.5-foot wide stalls must be an unatten ded or unoccup ied vehicle is presum ed to
double-striped and identified by paveme nt markings be the person who illegally parked the motor vehicle.
which indicate that the stalls are for small car parking. The records of the State Highwa y Departm ent or the
County Highwa y License Departm ent showing the
(ii) 7.5-foot wide stalls may name of the person to whom the state highwa y license
constitute no more than 35 percent of the required was issued is prima fade evidence of ownersh ip by the
parking spaces for any use. named individual.
(2) For a use other than a single family, (5.1) A person commits an offense ifhe owns,
duplex, or vehicle storage lot use, each off-street occupie s, or is in control of propert y on which a motor
parking space must be clearly and permanently vehicle is maneuvered, stopped, stood, or parked,
identifie d by stripes, buttons , tiles, curbs, barriers, or unless the vehicle is maneuvered, stopped, stood, or
another method approve d by the buildin g official. parked on a surface as required in Subsections (d)(3)
and (d}(4).
(3) For a single family or duplex use, the
surface of a parking space, maneuvering area for (6) The owner ofoff-street parking for a use
parking, or drivewa y must consist of an all-weather other than single family or duplex use shall:
and drainable material which is approve d by the
building official, or a material specified in Subsection (A} keep the maneuvering area and
(d)(4). parking surface free of potholes;
(3.1) For a vehicle storage lot use, the surface (B) maintain wheelgu ards and barriers;
of a parking space, maneuv ering area for parking , or and
driveway must consist of an all weather material which
allows delivery and release of vehicles in all weather (C} maintai n non-per manent parking
conditions as approve d by the director, unless paving space markings such as paint, so that clear
surface requirements reasonably consistent with this identification of each parking space is apparent.
paragra ph and Subsection (d)(4) are provide d in an
(7) Off-stre et parking spaces for
ordinance granting or amendi ng a specific use permit
or a planned develop ment district. nonresidential uses and parking spaces along the
perimet er of a-commercial parking lot or garage must
(4) For a use other than a single family, have wheel guards not less than 6 inches in height or
duplex, or vehicle storage lot use, the surface of an other barriers approve d by the building official. The
enclosed or unenclosed parking space, maneuvering wheel guard or barrier must be at least three feet from
area for parking , or a driveway which connects to a the screening and must be placed so that:
street or alley must be on a compacted sub-grade, and
must consist of:
338 Dallas City Code

SUBCHAPTER 3
PERMITS AND INSPECTIONS
SECTION301
PERMITS
301.0 Definition. In this section:
SINGLE-FAMILY OR DUPLEX PREMISES means a building housing a single-family or

duplex use as defined in the Dallas Development Code. (Ord. 28707)
301.1 Permits required.
301.1.1 General. A person, firm, or corporation shall not, without first obtaining a permit
from the building official:
I. erect, construct, enlarge, add to, alter, repair, replace, move, improve, remove, install,
convert, demolish, equip, use, occupy, or maintain a structure or building service
equipment;
2. excavate or maintain an excavation;
3. pave or grade on a property;
4. construct, install, alter, or repair a rainwater collection system with a capacity ofS,000
gallons or greater; or
5. cause any work or activity described in Paragraphs I through 4 of this section to be

done.(Ord.26029;28813)
301.1.2 Barricade permit required. No building construction or demolition act1V1ty,

including but not limited to equipment usage, deliveries, on and off loading of materials and
storage of materials, supplies, or debris, shall be done on public property or within a public
way, except as authorized by a barricade permit issued by the building official. A barricade
permit is also required for any temporary or part-day blocking of a street or sidewalk. The
issuance of a barricade permit requires the repair or replacement of any public street, curb,
sidewalk, drainage structure, or boulevard landscaping located within the barricaded area, or
otherwise damaged during construction or demolition, to equal or better condition than that
prior to the start of construction or demolition activities. (Ord. 26029)
301.1.3 Proper permits. The owner, agent, or lessee of a structure has the duty to ensure that
permits are obtained by properly qualified persons before work is started, and the owner,
owner's agent, or lessee shall be subject to the penalties provided in this chapter for failure to
obtain a proper permit. (Ord. 26029)
Chapter 52: Administrative Procedures for the Construction Codes - Page 23

/.
SCOPE AND ADMINISTRATION
SECTION 104 for public inspection during business hours in accordance

GENERAL AUTHORITY AND RESPONSIBILITIES with applicable laws.
[Al 104.1 General . The fire code official is hereby autho- [Al 104.6.2 Inspections. The fire code official shall keep a
rized to enforce the provisions of this code and shall have the record of each inspection made, including notices and
authority to render interpretations of this code, and to adopt orders issued, showing the findings and disposition of
policies, procedures, rules and regulations in order to clarify each.
the application of its provisions. Such interpretations, poli-
cies, procedures, rules and regulations shall be in compliance 104.6.3 Fire records. The fire department shall keep a
with the intent and purpose of this code and shall not have the record of fires occurring within its jurisdiction and of facts
effect of waiving requirements specifically provided for in concerning the same, including statistics as to the extent of
this code. such fires and the damage caused thereby, together with
other information as required by the fire code official.
[Al 104.2 Applications and permits. The fire code official is
authorized to receive applications, review construction docu- [Al 104.6.4 Administrative. Application for modifica-
ments and issue permits for construction regulated by this tion, alternative methods or materials and the final deci-
code, issue permits for operations regulated by this code, sion of the fire code official shall be in writing and shall be
inspect the premises for which such permits have been issued officially recorded in the permanent records of the fire
and enforce compliance with the provisions of this code. code official.
[Al 104.3 Right of entry. Where it is necessary to make an [Al 104.7 Approv ed materia ls and equipme nt. Materials,
inspection to enforce the provisions of this code, or where the equipment and devices approved by the fire code official
fire code official has reasonable cause to believe that there shall be constructed and installed in accordance with such
exists in a building or upon any premises any conditions or approval.
violations of this code that make the building or premises [Al 104.7.1 Materia l and eqnipm ent reuse. Materials,
unsafe, dangerous or hazardous, the fire code official shall equipment and devices shall not be reused or reinstalled
have the authority to enter the building or premises at all rea- unless such elements have been reconditioned, tested and
sonable times to inspect or to perform the duties imposed placed in good and proper working condition and
upon the fire code official by this code. If such building or approved.
•I
premises is occupied, the fire code official shall present cre-
[Al 104.7.2 Technical assistance. To determine the
dentials to the occupant and request entry. If such building or
acceptability of technologies, processes, products, facili-
premises is unoccupied, the fire code official shall first make
ties, materials and uses attending the design, operation or
a reasonable effort to locate the owner, the owner's autho-
use of a building or premises subject to inspection by the
rized agent or other person having charge or control of the
fire code official, the fire code official is authorized to
building or premises and request entry. If entry is refused, the
require the owner or owner's authorized agent to provide, I
fire code official has recourse to every remedy provided by
without charge to the jurisdiction, a technical opinion and
law to·secure entry.
report. The opinion and report shall be prepared by a qual-
[Al 104.3.1 Warrant. Where the fire code official has first ified engineer, specialist, laboratory or fire safety specialty
obtained a proper inspection warrant or other remedy pro- organization acceptable to the fire code official and shall
I vided by law to secure entry, an owner, the owner's autho-

rized agent or occupant or person having charge, care or
control of the building or premises shall not fail or neglect,
analyze the fire safety properties of the design, operation
or use of the building or premises and the facilities and
appurtenances situated thereon, to recommend necessary
after proper request is made as herein provided, to permit changes. The fire code official is authorized to require
entry therein by the fire code official for the purpose of design submittals to be prepared by, and bear the stamp of,
inspection and examination pursuant to this code. a registered design professional.
[A] 104.4 Identification. The fire code official shall carry [Al 104.8 Modifications. Where there are practical difficul-
proper identification when inspecting structures or premises ties involved in carrying out the provisions of this code, the
in the performance of duties under this code. fire code official shall have the authority to grant modifica-
[Al 104.5 Notices and orders. The fire code official is autho- tions for individual cases, provided the fire code official shall
rized to issue such notices or orders as are required to affect first find that special individual reason makes the strict Jetter
compliance with this code in accordance with Sections 109.1 of this code impractical and the modification is in compliance
and 109.2. with the intent and purpose of this code and that such modifi-
cation does not lessen health, life and fire safety require-
[Al 104.6 Official records. The fire code official shall keep ments. The details of action granting modifications shall be
official records as required by Sections 104.6.1 through recorded and entered in the files of the department of fire pre-
104.6.4. Such official records shall be retained for not less vention.
than 5 years or for as long as the structure or activity to which
•
such records relate remains in existence, unless otherwise [Al 104.9 Alternative materials and methods. The provi-
provided by other regulations. sions of this code are not intended to prevent the installation
of any material or to prohibit any method of construction not
[A] 104.6.1 Approvals. A record of approvals shall be specifically prescribed by this code, provided that any such
maintained by the fire code official and shall be available alternative has been approved. The fire code official is autho-
2015 INTERNA TIONAL FIRE CODE®

3
SCOPE AND ADMINISTRATION
part, constitutes a clear and inimical threat to human life, [A] 111.3 Emergencies. Where an emergency exists, the fire
safety or health, the fire code official shall issue such notice code official shall not be required to give a written notice
or orders to remove or remedy the conditions as shall be prior to stopping the work.
deemed necessary in accordance with this section, and shall [A] 111.4 Failure to comply. Any person who shall continue
refer the building to the building department for any repairs, any work after having been served with a stop work order,
alterations, remodeling, removing or demolition required. except such work as that person is directed to perform to
[A] 110.1.1 Unsafe conditions. Structures or existing remove a violation or unsafe condition, shall be liable to a
equipment that are or hereafter become unsafe or deficient fine of not less than [AMOUNl] dollars or more than [AMOUNl]
because of inadequate mean_s of egress or which cons_t_itl:'~ dollars.
a fire hazard, or are otherwise dangerous to human hfe·or
the public welfare, or which involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an SECTION 112
unsafe condition. A vacant structure that is not secured SERVICE UTILITIES
against unauthorized entry as required by Section 311 [A] 112.1 Anthority to disconnect service utilities. The fire
shall be deemed unsafe. code official shall have the authority to authorize disconnec-
[Al 110.1.2 Structural hazards. Where an apparent struction of utility service to the building, structure or system in
I
tural hazard is caused by the faulty installation, operation order to safely execute emergency operations or to eliminate
or malfunction of any of the items or devices governed by an immediate hazard. The fire code official shall notify the
this code, the fire code official shall immediately notify serving utility and, where possible, the owner or the owner's
the building code official in accordance with Section authorized agent and the occupant of the building, structure
110.1. or service system of the decision to disconnect prior to taking
[A] 110.2 Evacuation. The fire code official or the fire
department official in charge of an incident shall be autho-
such action. If not notified prior to disconnection, then the
owner, the owner's authorized agent or occupant of the build-
ing, structure or service system shall be notified in writing as
I
rized to order the immediate evacuation of any occupied soon as practical thereafter.
building deemed unsafe where such building has hazardous
conditions that present imminent danger to building occu-
pants. Persons so notified shall immediately leave the struc- SECTION 113
ture or premises and shall not enter or re-enter until FEES
authorized to do so by the fire code official or the fire depart-
[A] 113.1 Fees. A permit shall not be issued until the fees
ment official in charge of the incident.
have been paid, nor shall an amendment to a permit be
[A] 110.3 Summary abatement. Where conditions exist that released until the additional fee, if any, has been paid.
are deemed hazardous to life and property, the fire code offi-
[A] 113.2 Schednle of permit fees. A fee for each permit
cial or fire department official in charge of the incident is
shall be paid as required, in accordance with the schedule as
authorized to abate summarily such hazardous conditions that
established by the applicable governing authority.
are in violation of this code.
[A] 113.3 Work commencing before permit issuance. A
[A] 110.4 Abatement. The owner, the owner's authorized
I agent, operator or occupant of a building or premises deemed
unsafe by the fire code official shall abate or cause to be
person who commences any work, activity or operation regu-
lated by this code before obtaining the necessary permits
shall be subject to an additional fee established by the appli-
abated or corrected such unsafe conditions either by repair, cable governing authority, which shall be in addition to the
rehabilitation, demolition or other approved corrective
required permit fees.
action.
[A] 113.4 Related fees. The payment of the fee for the con-
struction, alteration, removal or demolition of work done in
SECTION 111 connection to or concurrently with the work or activity autho-
STOP WORK ORDER rized by a permit shall not relieve the applicant or holder of
[A] 111.1 Order. Where the fire code official finds any work the permit from the payment of other fees that are prescribed
regulated by this code being performed in a manner contrary bylaw.
to the provisions of this code, or in a dangerous or unsafe [A] 113,5 Refunds. The applicable governing authority is
manner, the fire code official is authorized to issue a stop .3uthorized to establish a refund policy.
work order.
[A] 111.2 Issnance. A stop work order shall be in writing and
shall be given to the owner of the property, or to the owner's
I authorized agent, or to the person doing the work. Upon issu-
ance of a stop work order, the cited work shall immediately
cease. The stop work order shall state the reason for the order,
and the conditions under which the cited work is authorized
to resume.
14 2015 INTERNATIONAL FIRE CODE"

• 30135 161124
503.2.2 Authority. The fire code official shall have the authority to require an increase in
the miuimum access widths and vertical clearances where they are inadequate for fire or
rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of 81,500 pounds (36,968 kg) and shall be of concrete or asphalt [sarfaeea] so
as to provide all-weather driving capabilities. All other driving surfaces shall receive written
approval by the fire chief prior to installation.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm)
in length shall be provided with an approved area for turuing around fire apparatus in
accordance with Appendix D.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a
fire apparatus access road, the bridge shall be constructed and maintained in accordance with
AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to
carry the imposed loads of fire apparatus. Vehicle load limits shaJJ be posted at both
entrances to bridges when required by the fire code official. Where elevated surfaces
designed for emergency vehicle use are adjacent to surfaces which are not designed for such
use, approved barriers, approved signs or both shall be installed and maintained when
•
required by the fire code official .
503.2. 7 Grade. The maximum vertical grade for all [efihe] fire apparatus access roads is 10
percent for concrete roads and 8 percent for asphalt roads. The maximum cross grade for all
[shall ee within the limits estaeJ.ishea lly the] fire [eoae offieial llasea on tile fire
aepar..meat's] apparatus access roads is 2 percent.
503.2.8 Angles of approach and departure. The angles of approach and departure for fire
apparatus access roads shall be within the limits established by the fire code official based on
the fire department's apparatus.
503.3 Marking. Approved striping, or when aJJowed [Where reEjHirea] by the fire code official,
[app."Oved] signs, or both [other appreJJed aotiees or markings that iae!eae the Y.'orEls NO
PARKING F.IRB b'\1-IE] shall be provided for fire apparatus access roads to identify. such
roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be
maintained in a clean and legible condition at all times and be replaced or repaired when
necessary to provide adequate visibility .
.L Striping Fire apparatus access roads shall be marked by painted lines of red traffic
paint 6 inches (152 mm) in width to show the boundaries of the lane. The words NO
PARKING - FIRE LANE or FIRE LANE - NO PARKJNG shall appear in 4-inch (102
mm) white letters at 25-foot (7620 mm) intervals on the red border markings along both
sides of the fire lanes. Where a curb is available, the striping shall be on the vertical face
•
of the curb .
2. Signs - Signs shall read NO PARKlNG - FIRE LANE or FIRE LANE - NO PARKING
Amend Chapter 16 (adopt 2015 International Fire Code) - Page 57

• 30135 161124
obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used
unless authorized by the owner and the fire code official.
Exception: The restriction on use shall not apply to public officers acting within the
scope of duty.
503.6 Limited access [Security] gates. The installation of limited access [seearily] gates across
a fire apparatus access road shall be approved by the fire chief. Where limited access [seearity]
gates are installed, they shall have an approved means of emergency operation in accordance
with Section N104. 'Limited Access Gates.' of Appendix N. The limited access [seearity] gates
and the emergency operation shall be maintained operational at all times in accordance with
Section NI04. 'Limited Access Gates.' of Appendix N."'Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements of ASTM F 2200."
91. Subsection 504.3, "Stairway Access to Roof," of Section 504, "Access to
Building Openings and Roofs," of Chapter 5, "Fire Service Features," of the 2015 International
Fire Code is amended by adding a new Paragraph 504.3.1, "Locks," to read as follows:
• "504.3.1 Locks. Doors providing roof access shall remain unlocked at all times or be
provided with an approved locking device."
92. Subsection 505.1, "Address Identification," of Section 505, "Premises
Identification," of Chapter 5, "Fire Service Features," of the 2015 International Fire Code is
amended to read as follows:
505.l Address identification. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast
with their b~ckground. Where required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. Address numbers
shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches 052.4
mm) [4 iaehes (101.e mm)] high with a minimum stroke width of 0.5 inch (12.7 mm). Where
access is by means of a private road. buildings do not immediately front a street. and/or the
building cannot be viewed from the public way, a monument, pole or other sign with approved 6
inch 052.4 mm) height building numerals or addresses and 4 inch (101.6 mm) height
suite/apartment numerals of a color contrasting with the background of the building or other
approved means shall be used to identify the structure. Numerals or addresses shall be posted on
a minimum 20 inch (508 mm) by 30 inch (762 mm) background with a border. Address numbers
•
shall be maintained .
Exception: R-3 Single Family occupancies shall have approved numerals of a minimum
Amend Chapter 16 (adopt 2015 International Fire Code) - Page 59

30135 161124
3 ½ inches (88.9 mm) in height and a color contrasting with the background clearly
visible and legible from the street fronting the property and rear alleyway where such
alleyway exists."
•
93. Section 506, "Key Boxes," of Chapter 5, "Fire Service Features," of the 2015
International Fire Code is amended to read as follows:
"SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of
secured openings or where immediate access is necessary for life-saving or fire-fighting
purposes, the fire code official is authorized to require a key box to be installed in an approved
location. The key box shall be of an approved type listed in accordance with UL 1037, and shall
contain keys to gain necessary access as required by the fire code official. Interior key boxes are
required in all buildings having floors used for human occupancy located more than 75 feet (22
860 mm) above the lowest level of the fire department access. Exterior key boxes are required in
the following buildings:
.L. Big box/super center stores 50,000 sq. feet or larger (Examples: Home Depot. Lowes.
•
Best Buy. Wal-Mart. Target).
2. Apartment buildings.
3. Schools.
4. Fire Stations.
5. Multi-story commercial buildings.
Exception: All non-required (owner option) exterior key boxes shall be recess mounted and
installed per Section 506.4. The fire code official may allow installation of an approved key
switch in lieu of an exterior key box.
506.1.1 Locks. An approved lock shall be installed on gates or similar barriers when
required by the fire code official.
506.1.2 Key boxes for nonstandardized fire service elevator keys. Key boxes provided for
nonstandardized fire service elevator keys shall comply with Section 506.1 and all of the
following:
1. The key box shall be compatible with an existing rapid entry key box system in use in
the jurisdiction and approved by the fire code official.
2. The front cover shall be permanently labeled with the words "Fire Department Use
Amend Chapter 16 (adopt 2015 International Fire Code)-Page 60

•
BUILDING SERVICES AND SYSTEMS
-
605.2 Illumination. Illumination shall be provided for ser- 605.5.3 Maintenance. Extension cords shall be main-
vice equipment areas, motor control centers and electrical tained in good condition without splices, deterioration or
panelboards. damage.
605.3 Working space and clearance. A working space of 605.5.4 Grounding. Extension cords shall be grounded
not less than 30 inches (762 mm) in width, 36 inches (914 where serving grounded portable appliances.
mm) in depth and 78 inches (1981 mm) in height shall be pro- 605.6 Unapproved conditions. Open junction boxes and
vided in front of electrical service equipment. Where the elec- open-wiring splices shall be prohibited. Approved covers
trical service equipment is wider than 30 inches (762 mm), shall be providedfor all switch and electrical outlet boxes.
the working space shall be not less than the width of the
equipment. Storage· of materials shall not be located within 605.7 Appliances. Electrical appliances and fixtures shall be
the designated working space. tested and listed 'in published reports of inspected electrical
equipment by an approved agency and installed and main-
Exceptions: tained in accordance with all instructions included as part of
I. Where other dimensions are required or allowed by such listing.
NFPA 70. 605.8 Electrical motors. Electrical motors shall be main-
2. Access openings into attics or under-floor areas tained free from excessive accumulations of oil, dirt, waste
which provide a minimum clear opening of 22 and debris.
inches (559 mm) by 30 inches (762 mm). 605.9 Temporary wiring. Temporary wiring for electrical
605.3.1 Labeling. Doors into electrical control panel power and lighting installations is allowed for a period not to
rooms shall be marked with a plainly visible and legible exceed 90 days. Temporary wiring methods shall meet the
sign stating ELECTRICAL ROOM or similar approved applicable provisions of NFPA 70.
wording. The disconnecting means for each service, feeder Exception: Temporary wiring for electrical power and
or branch circuit originating on a switchboard or panel- lighting installations is allowed during periods of con-
board shall be legibly and durably marked to indicate its struction, remodeling, repair or demolition of buildings;
purpose unless such purpose is clearly evident. structures, equipment or similar activities.
605.4 Multiplng adapters. Multiplug adapters, such as cube 605.9.1 Attachment to structures. Temporary wiring
adapters, unfused plug strips or any other device not comply- attached to a structure shall be attached in an approved
ing with NFPA 70 shall be prohibited. manner.
605.4.1 Power tap design. Relocatable power taps shall 605.10 Portable, electric space heaters. Where not prohib-
be of the polarized or grounded type, equipped with over- ited by other sections of this code, portable, electric space
current protection, and shall be listed in accordance with heaters shall be permitted to be used in all occupancies other
UL 1363. than Group 1-2 and in accordance with Sections 605.10.1
605.4.2 Power supply. Relocatable power taps shall be through 605.10.4.
directly connected to a permanently installed receptacle. Exception: The use of portable, electric space heaters in
605.4.3 Installation. Relocatable power tap cords shall which the heating element cannot exceed a temperature of
not extend through walls, ceilings, floors, under doors or 212°F (100°C) shall be permitted in nonsleeping staff and
floor coverings, or be subject to environmental or physical employee areas in Group 1-2 occupancies.
damage. 605.10.1 Listed and labeled. Only listed and labeled por-
605.5 Extension cords. Extension cords and flexible cords table, electric space heaters shall be used.
shall not be a substitute for permanent wiring. Extension 605.10.2 Power supply. Portable, electric space heaters
cords and flexible cords shall not be affixed to structures, shall be plugged directly into an approved receptacle.
extended through walls, ceilings or floors, or under doors or
floor coverings, nor shall such cords be subject to environ- 605.10.3 Extension cords. Portable, electric space heaters
mental damage or physical impact. Extension cords shall be shall not be plugged into extension cords.
used only with portable appliances. 605.10.4 Prohibited areas. Portable, electric space heat-
605.5.1 Power supply. Extension cords shall be plugged ers shall not be operated within 3 feet (914 mm) of any
directly into an approved receptacle, power tap or multi- combustible materials. Portable, electric space heaters
plug adapter and, except for approved multiplug extension shall be operated only in locations for which they are
cords, shall serve only one portable appliance. listed.
605.5.2 Ampacity. The ampacity of the extension cords 605.11 Solar photovoltaic power systems. Solar photovol-
shall be not less than the rated capacity of the portable taic power systems shall be installed in accordance with Sec-
appliance supplied by the cord. tions 605.11.1 through 605.11.2, the International Building
Code or International Residential Code, and NFPA 70.
82 2015 INTERNATIONAL FIRE CODE®

•
CHAPTER 7
FIRE AND SMOKE PROTECTION FEATURES

I
SECTION 701 and holes made for any reason shall be protected with
GENERAL approved methods capable of resisting the passage of smoke
701.1 Scope. The provisions of this chapter shall govern and fire. Openings through fire-resistance-rated assemblies
maintenance of the materials, systems and assemblies used shall be protected by self- or automatic-closing doors of
for structural fire resistance and fire-resistance-rated con- approved construction meeting the fire protection require-
struction separation of adjacent spaces to safeguard against ments for the assembly.
the spread of fire and smoke within a building and the spread 703.1.1 Fireblocking and draftstopping. Required fire-
of fire to or from buildings. New buildings shall comply with blocking and draftstopping in combustible concealed
the International Building Code. spaces shall be maintained to provide continuity and integ-
701.2 Unsafe conditions. Where any components in this rity of the construction.
chapter are not maintained and do not function as intended or
703.1.2 Smoke barriers and smoke partitions. Required
do not have the fire resistance required by the code under
smoke barriers and smoke partitions shall be maintained
which the building was constructed, remodeled or altered,
to prevent the passage of smoke. Openings protected with
such component(s) or portion thereof shall be deemed an
approved smoke barrier doors or smoke dampers shall be
unsafe condition, in accordance with Section 110.1.1. Com-
maintained in accordance with NFPA 105.
ponents or portions thereof determined to be unsafe shall be
repaired or replaced to conform to that code under which the 703.1.3 Fire walls, fire barriers and fire partitions.
building was constructed, remodeled, altered or this chapter, Requiredfire walls,fire barriers and fire partitions shall
as deemed appropriate by the fire code official. be maintained to prevent the passage of fire. Openings
,.
protected with approved doors or fire dampers shall be
Where the extent of the conditions of components is such
maintained in accordance with NFPA 80.
that any building, structure or portion thereof presents an
imminent danger to the occupants of the building, structure or 703.2 Opening protectives. Opening protectives shall be
portion thereof, the fire code official shall act in accordance maintained in an operative condition in accordance with
with Section 110.2. NFPA 80. Where allowed by the fire code official, the appli-
cation of field-applied labels associated with the maintenance
of opening protectives shall follow the requirements of the
SECTION7 02 approved third-party certification organization accredited for
DEFINITIONS listing the opening protective. Fire doors and smoke barrier
702.1 Definitions. The following terms are defined in Chap- doors shall not be blocked or obstructed, or otherwise made
ter 2: inoperable. Fusible links shall be replaced promptly when-
ever fused or damaged, Fire door assemblies shall not be
DRAFTSTOP. modified.
FIRE-RESISTANT JOINT SYSTEM.
703.2.1 Signs. Where required by the fire code official, a
FIREBLOCKING. sign shall be permanently displayed on or near each. fire
door in letters not less than I inch (25 mm) high to read as
follows:
SECTION7 03
FIRE-RESISTANCE-RATED CONSTRUCTION 1. For doors designed to be kept normally open: FIRE
DOOR-DO NOT BLOCK.
703.1 Maintenance. The required fire-resistance rating of
fire-resistance-rated construction, including, but not limited 2. For doors designed to be kept normally closed:
to, walls, firestops, shaft enclosures, partitions, smoke barri- FIRE DOOR-KEE P CLOSED.
ers, floors, fire-resistive coatings and sprayed fire-resistant 703.2.2 Hold-open devices and closers. Hold-open
materials applied to structural members and fire-resistant devices and automatic door closers, where provided, shall
joint systems, shall be maintained. Such elements shall be be maintained. During the period that such device is out of
visually inspected by the owner annually and properly service for repairs, the door it operates shall remain in the
repaired, restored or replaced where damaged, altered, closed position.
breached or penetrated. Records of inspections and repairs
shall be maintained. Where concealed, such elements shall 703.2.3 Door operation. Swinging fire doors shall close
not be required to be visually inspected by the owner unless from the full-open position and latch automatically. The
the concealed space is accessible by the removal or move- door closer shall exert enough force to close and latch the
ment of a panel, access door, ceiling tile or similar movable door from any partially open position.
entry to the space. Openings made therein for the passage of 703.3 Ceilings. The hanging and displaying of salable goods
pipes, electrical conduit, wires, ducts, air transfer openings and other decorative materials from acoustical ceiling sys-
2015 INTERNATION AL FIRE CODE®

91
• 30135 1611 24
acceptance tests as contained in the installation standards and as approved by the fire code
official. The fire code official shall witness [ee nstifieci eefSFeJ any required acceptance testing.
A retest fee shall be assessed when the testing of the system and/or appurtenances thereto fails
-
after the contractor has acknowledged that the system has been pre-tested and is in an approved
condition. The retest fee shall be $622.00."
134. Subsection 901.6, "Inspection, Testing and Maintenance," of Section 901,
"General," of Chapter 9, "Fire Protection Systems," of the 2015 International Fire Code is
amended to read as follows:
"901.6 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems,
mechanical smoke exhaust systems, and smoke and heat vents shall be maintained in an
operative condition at all times, and shall be replaced or repaired where defective. Nonrequired
fire protection systems and equipment shall be inspected, tested and maintained or removed with
written approval ofthe fire code official."
135. Paragraph 901.6.1, "Standards," of Subsection 901.6, "Inspection, testing and
•
maintenance," of Section 901, "General," of Chapter 9, "Fire Protection Systems," of the 2015
International Fire Code is amended by adding new Subparagraph 901.6.1.1, "Standpipe Testing,"
to read as follows:
"901.6.1.1 Standpipe testing. Building owners/managers shall utilize a licensed fire

protection contractor to test and certify standpipe systems. In addition to the testing and
maintenance requirements of NFPA 25 applying to standpipe systems, the following
additional requirements shall be applied to the testing that is required every 5 years:
1. The piping between the fire department connection (FDC) and the standpipe shall
be hydrostatically tested for all FDCs on any type of standpipe system. Hydrostatic
testing shall also be conducted in accordance with NFPA 25 requirements for the
different types of standpipe systems.
2. For any manual (dry or wet) standpipe system not having an automatic water
supply capable of flowing water through the standpipe, the contractor shall connect
a hose from a fire hydrant or portable pumping system (as approved by the fire
code official) to each FDC, and flow water (at an approved rate and pressure)
through the standpipe system to the roof outlet to verify that each inlet connection
functions properly. Verify that check valves function properly and that there are no
closed control valves on the system.
• 3. Any pressure relief, reducing, or control valves shall be tested in accordance with
the requirements of NFPA 25.
Amend Chapter 16 (adopt 2015 International Fire Code)-Page 79

301 35 1 6 11 2'4
4. If the FDC is not already provided with approved caps, the contractor shall install
such caps for all FDCs.
5. Upon successful completion of standpipe test, the contractor shall place an

•
appropriate service tag as per the State of Texas provisions.
6. The contractor shall follow the procedures required by the State of Texas with
regard to appropriate tags denoting noncompliance, impairment or any
deficiencies noted during the testing, including the required notification of the
local authority having jurisdiction.
7. Additionally, records of the testing shall be maintained by the owner and

contractor, as required by the State of Texas and NFP A 25.
8. Standpipe system tests where water will be flowed external to the building shall not
be conducted during freezing conditions or during the day prior to expected night
time freezing conditions.
9. Contact the fire code official for requests to remove existing fire hose from Class I1
and ID standpipe systems where employees are not trained in the utilization of this
firefighting equipment. All standpipe hose valves must remain in place and be
provided with an approved cap and chain when approval is given to remove hose by
the fire code official."
136. Subsection 901.6, "Inspection, Testing and Maintenance," of Section 901,
"General," of Chapter 9, "Fire Protection Systems," of the 2015 International Fire Code is
•
amended by adding Paragraph 901.6.3, "False Alarms and Nuisance Alarms," to read as follows:
"901.6.3 False alarms and nuisance alarms. False alarms and nuisance alarms shall not be
given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in
any manner."
137. Subsection 901.7, "Systems Out of Service," of Section 901, "General," of
Chapter 9, "Fire Protection Systems," of the 2015 International Fire Code is amended to read as
follows:
"901.7 Systems out of service. Where a required.fire protection system is out of service, or in
the event of an excessive number of accidental activations, the fire department and the fire code
official shall be notified immediately and, where required by the fire code official, the building
shall either be evacuated or standby personnel [as appre,·ed fife wa-tell.J shall be provided for all
occupants left unprotected [by tll.e Sftcltclown] until the fire protection system has been returned to
service.
Amend Chapter 16 (adopt 2015 International Fire Code)-Pag e 80

•
FIRE PROTECTION SYSTEMS
•
2. Manual fire alarm boxes are not required adjacent levels, a smoke alarm installed on the
throughout the building where all of the fol- upper level shall suffice for the adjacent lower
lowing conditions are met: level provided that the lower level is less than one
2. 1. The building is equipped throughout full story below the upper level.
with an automatic sprinkler system 907.2.11.2 Groups R-2, R-3, R-4 and 1-1. Single or
installed in accordance· with Section multiple-station smoke alarms shall be installed and
903.3.1.1 or 903.3.1.2. maintained in Groups R-2, R-3, R-4 and I-1 regardless
of occupant load at all of the following locations:
2.2. The notification appliances will acti-
vate upon sprinkler water flow. 1. On the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of bed-
2.3. Not fewer than one manual fire alarm rooms.
box is installed at an approved
location.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including
...
3. Manual fire alarm boxes in resident or patient basements but not including crawl spaces and
sleeping areas shall not be required at exits uninhabitable attics. In dwellings or dwelling
where located at all nurses' control stations or units with split levels and without an intervening
other constantly attended staff locations, pro- door between the adjacent levels, a smoke alarm
vided snch stations are visible and continu- installed on the upper level shall suffice for the
I ously accessible and that the distances of adjacent lower level provided that the lower level
travel required in Section 907.4.2.1 are not is less than one full story below the upper level.
exceeded. 907.2.11.3 Installation near cooking appliances.
907.2.10.2 Automatic smoke detection system. An Smoke alarms shall not be installed in the following
automatic smoke detection system that activates the locations unless this would prevent placement of a
;.
occupant notification system in accordance with Sec- smoke alarm in a location required by Section
tion 907 .5 shall be installed in corridors, waiting areas 907.2.11.1 or907.2.ll.2:
open to corridors and habitable spaces other than
1. Ionization smoke alarms shall not be installed
sleeping units and kitchens.
less than 20 feet (6096 mm) horizontally from a
Exceptions: permanently installed cooking appliance.
1. Smoke detection in habitable spaces is not 2. Ionization smoke alarms with an alarm-silencing
required where the facility is equipped switch shall not be installed less than 10 feet
throughout with an automatic sprinkler system (3048 mm) horizontally from a permanently
installed in accordance with Section 903.3.1.1. installed cooking appliance.
2. An automatic smoke detection system is not 3. Photoeleciric smoke alarms shall not be installed
required in buildings that do not have interior less than 6 feet (1829 mm) horizontally from a
corridors serving sleeping units and where permanently installed cooking appliance.
each sleeping unit has a means of egress door
907.2.11.4 Installation near bathrooms. Smoke
opening directly to an exit or to an exterior exit
alarms shall be installed not less than 3 feet (914 mm)
access that leads directly to an exit.
horizontally from the door or opening of a bathroom
907.2.10.3 Smoke alarms. Single- and multiple-station that contains a bathtub or shower unless this would pre-
smoke alarms shall be installed in accordance with Sec- vent placement of a smoke alarm required by Section
tion 907.2.11. 907.2.11.1 or 907.2.11.2.
907 .2.11 Single- and multiple-station smoke alarms. 907.2.11.5 Interconnection. Where more than one
Listed single- and multiple-station smoke alarms comply- smoke alarm is required to be installed within an indi-
ing with UL 217 shall be installed in accordance with Sec- vidual dwelling unit or sleeping unit in Group R or I-1
tions 907.2.11.l through 907.2.11.6 and NFPA 72. occupancies, the smoke alarms shall be interconnected
907.2.11.1 Group R-1. Single- or multiple-station in such a manner that the activation of one alarm will
smoke alarms shall be installed in all of the following activate all of the alarms in the individual unit. Physi-
locations in Group R-1: cal interconnection of smoke alarms shall not be
required where listed wireless alarms are installed and
1. In sleeping areas.
all alarms sound upon activation of one alarm. The
2. In every room in the path of the means of egress alarm shall be clearly audible in all bedrooms over
•
from the sleeping area to the door leading from background noise levels with all intervening doors
the sleeping unit. closed.
3. In each story within the sleeping unit, including 907.2.11.6 Power source. In new construction,
basements. For sleeping units with split levels required smoke alarms shall receive their primary
and without an intervening door between the power from the building wiring where such wiring is
2015 INTERNATIONAL FIRE CODE" 125

Dallas Lawsuit Against 11760 Ferguson Apartments

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2-CIT/ESERVE FILED

CITY OF DALLAS, § IN THE DISTRICT COURT

CITY OF DALLAS’ ORIGINAL PETITION, REQUEST FOR TEMPORARY AND

TO THE HONORABLE JUDGE OF SAID COURT:

show unto the Court the following:

I. DISCOVERY CONTROL PLAN

1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas

Rules of Civil Procedure.

II. REQUEST FOR DISCLOSURE

3. Plaintiff, the City of Dallas (“City”), is a home rule municipal corporation

Sappington Place, Fort Worth, Texas, 76116, or wherever he may be found.

5. Defendant, 11760 Ferguson Road, Dallas, Texas, more specifically described as

Place, Fort Worth, Texas, 76116, or wherever he may be found.

IV. JURISDICTION AND VENUE

the Texas Civil Practice & Remedies Code.

and Remedies Code.

9. Meadows at Ferguson (“Meadows”) is a multi-family apartment complex that

built in 1983 and purchased by Defendant Eyal in 2015.

windows, and non-functioning or absent smoke detectors.

frequently used in furtherance of the criminal activities.

abatable criminal activity has occurred at the property:

• Five (5) incidences of aggravated assault as described by Section 22.02 of the

Texas Penal Code;

the Texas Penal Code;

• Seven (7) incidences of aggravated robbery as described by Section 20.03 of the

Texas Civil Practice and Remedies Code.

existed at the Property:

Violations of Chapter 27 of the Dallas City Code:

b. Failure to maintain the premises in operating condition without any holes,

d. Failure to protect, by periodic application of paint or other weather-coating

f. Failure to maintain building and structural materials, including wood, gypsum

h. Failure to maintain gutters and downspouts, if any, in operating condition and

k. Failure to maintain kitchen and bathroom countertops and backsplashes

l. Failure to maintain all interior walls and ceilings in operating condition in

n. Failure to maintain interior surfaces, including windows and doors, in operating

s. Failure to maintain all balconies, landings, porches, decks, and walkways in

y. Failure to provide, and maintain, in operating condition, refrigerated air

z. Failure to maintain all fixed air-conditioning systems, including air conditioning

aa. Failure to install window-mounted air conditioning units, if provided, in

oo. Failure to maintain exterior lighting so that it reduces conflicts or obstructions

tt. Placing, depositing, or throwing; permitting to accumulate; or permitting or

ww. Failure to provide a building complex composed of multiple structures

Violations of Dallas Development Code:

Violations of Dallas Administrative Procedures for the Construction Code:

bbb. Failure to provide a technical opinion and report prepared by a qualified

ccc. Failure to remedy or abate conditions that constitute unsafe conditions in

eee. Failure to provide or maintain where required, approved signs or other

fff. Failure to provide approved visible address identification that is legible,

ggg. Failure to remedy or abate electrical hazards in violation of Chapter 6,

ordinances relate to:

a. The preservation of public safety, relating to the material or methods used to

construct a building or other structure or improvement, including the foundation,

structural elements, electrical wiring or apparatus, plumbing fixtures, entrances,

b. The preservation of public health or to the fire safety of a building or other

to the municipality’s district classification scheme;

d. Dangerously damaged or deteriorated structures or improvements; or

e. Conditions caused by accumulation of refuse, vegetation, or other matter that

creates breeding and living places for insects and rodents.

ordinances threaten harm that is irreparable.