The council acted as an appellate body on a fire-code variance request for the rice-drying facility and approved a waiver of specific International Fire Code requirements so staff could issue a certificate of occupancy for the new building section. City counsel and staff characterized the situation as "very unique" because the back half of the new addition sits adjacent to railroad tracks and conventional fire-apparatus access cannot reach that area.
Council members discussed mitigations (fire lanes, hydrants, ladder truck access) and were told the city is generally protected from tort liability under Texas law in the circumstances described. A motion to approve the variance (to waive the necessary code requirements for issuance of a CO) was made and approved by voice vote; staff said they would follow up with the facility to confirm conditions and communications needed for the CO.