HBA-KDB H.B. 2221 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2221 By: Hamric Land & Resource Management 3/22/2001 Introduced BACKGROUND AND PURPOSE In the past, when emergencies have occurred in unincorporated areas of some counties, emergency service providers have experienced difficulties gaining access to multi-unit housing projects (projects) from which the emergency call originated. Locked vehicular and pedestrian gates have inhibited efforts by emergency vehicles and personnel to render aid. In addition, obstacles in and around a project entrance may prevent emergency service vehicles from entering a project. Furthermore, vehicular gates may be too narrow to permit entry by emergency service vehicles. Even in cases when emergency service providers have been able to gain access to the complex, providers have experienced difficulties finding the correct unit as buildings within the project may not be numbered or clearly identifiable. House Bill 2221 authorizes a county to regulate projects located in an unincorporated area. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2221 amends the Local Government Code to authorize a county to require the owner or owners association of a multi-unit housing project (project) to comply with provisions for the regulation of vehicular and pedestrian gates to assure reasonable access for firefighting vehicles and equipment, emergency medical services vehicles, and law enforcement officers. The bill sets forth requirements for a lock box to be located near an entrance to a gated project. In a gated project, at least one vehicular gate must be wide enough for firefighting vehicles, firefighting equipment, emergency medical services vehicles, or law enforcement vehicles (emergency vehicles) to enter, and at least one driveway apron or entrance from the public right-of-way must be free of permanent obstacles that might impede entry by an emergency vehicle. The bill requires the county fire marshal or other authority to waive the vehicular gate width requirements for a gated project completed before January 1, 2002, if the requirements cannot readily be met because of space limitations or excessive cost. An excessive cost for expanding gate width and achieving an obstacle-free driveway apron or entrance is considered to be $6,000 per entrance based on the value of the dollar on January 1, 2000. A pedestrian gate in a gated project must be located so as to provide firefighters, law enforcement officers, and other emergency personnel reasonable access to each building. The bill authorizes a county to require each residential building in a project or gated project to have a number or letter in a contrasting color on the side of the building and placed so that the number or letter can be seen from the vehicular driving areas. The bill authorizes a county to require the owner or owners association of a project to obtain a permit from the county fire marshal or other authority with firefighting jurisdiction in the county to ensure compliance. The bill authorizes a permit to be issued only if the prescribed requirements and standards are met. To pay for the cost of administering the permits, a county is authorized to collect a one-time fee not to exceed $50 from each person to whom a permit is issued. The bill sets forth provisions relating to the suspension or revocation of a permit and limitations for county standards on gated projects. The bill provides that it is a Class C misdemeanor if a person violates these provisions or a regulation adopted under the Act. The bill applies only to a project or gated project located outside of municipal boundaries in an area not already subject to municipal regulations regarding vehicular or pedestrian gates. The bill prohibits a county from requiring the permit before January 1, 2002. The bill specifies the dates on which the additional accessibility requirements apply to different projects. EFFECTIVE DATE September 1, 2001.