El Paso County adopts outdoor-business rules and countywide 2021 fire code; ESDs urge interlocal approach

El Paso County on Monday adopted a new outdoor-business order targeting junkyards, salvage yards, automobile wreckage and similar operations in unincorporated areas and voted to adopt the 2021 International Fire Code as the countywide standard, court records and public comments show.

The measures, introduced by Commissioner Butler and presented by county staff policy advisor Chandler Mills, are intended to reduce the number of large fires tied to outdoor storage and operations in unincorporated parts of the county by requiring licensing, basic operational standards and a compliance timeline for existing businesses.

County staff and commissioners said the outdoor-business order will require outdoor businesses to obtain a $25 license, maintain fencing and safe storage of flammable liquids and other combustible materials, and keep records of incoming inventory. The order gives owners 365 days to comply and includes a 60-day remedy period for violations. Commissioners also directed staff to add an appeals process to the order, with final appeals returning to commissioners court.

The court separately adopted the 2021 International Fire Code, which county staff said provides a uniform fire-safety baseline already used by the city and by several Emergency Service Districts (ESDs). The court set an implementation timeline that anticipates phased hiring or arrangement for county enforcement and recommended FY2027 as a target for full operational implementation if the county elects to create an in‑house fire marshal function.

Why it matters: County officials said the moves are a response to repeated large fires in industrial and outdoor storage sites in unincorporated areas, including a major Montana Vista fire in September 2023. Supporters said local residents and first responders need clearer standards and better enforcement tools. Opponents and ESD leaders warned the county against duplicating existing ESD fire-marshal services and urged interlocal agreements instead.

What supporters said

Commissioner Butler told the court the proposals are primarily educational tools that will help property owners understand safe storage and operations and make ESD response easier. Chandler Mills said the proposed order would create operational standards for storage, fencing, arrangement of materials and the storage of flammable liquids, and that an adoption timeline should include six months to a year for implementation and education.

Public commenters from Montana Vista and other precincts urged swift action, describing repeated fires and smoke impacts on neighborhoods and schools. Resident speakers and community leaders said the county needed authority to require records and inspections so dangerous conditions can be identified before fires occur.

What ESDs and fire officials said

Chris Menendez, fire chief for Emergency Service District (ESD) No. 1, told the court that ESD 1 and ESD 2 already enforce the 2021 International Fire Code and recommended the county avoid creating a duplicative county fire code. Menendez and Mike Franco, fire marshal for ESD 1, warned that a county fire-code program would carry substantial personnel and operating costs and could duplicate permit and inspection fees unless structured through interlocal agreements.

The ESDs recommended the county adopt a targeted ordinance for outdoor-business hazards and authorize ESD fire‑marshal offices to enforce it by interlocal agreement, preserving consistency across jurisdictions and avoiding parallel permitting burdens for businesses.

Court discussion and outcome

Commissioners debated three implementation options presented by staff—minimal, intermediate and full-scale county fire-marshal operations—ranging from a small team coordinated with ESDs to a full 27-person county fire marshal office. Commissioners repeatedly emphasized the need to phase implementation and to leverage ESD expertise through memoranda of understanding or interlocal agreements.

The court voted to adopt the outdoor-business order with the addition of an appeals mechanism and set the order to be effective immediately. The court also voted to adopt the 2021 International Fire Code for county use; staff recommended an implementation period with a target of FY2027 for any hiring or county-level enforcement to be phased in and for interlocal agreements to be negotiated with ESDs.

Implementation and next steps

County staff and commission direction emphasized: (1) develop interlocal agreements with ESD 1 and ESD 2 so ESD marshals can continue core permitting and inspection work where appropriate; (2) create an implementation/advisory group that includes ESD representatives, county planners, the county attorney’s office and external fire-code experts (Harris County fire marshal staff offered to consult); and (3) phase any county hiring and fee schedule to avoid double-charging businesses already permitted by ESDs or cities.

Several commissioners said the county should prioritize education and compliance assistance rather than immediate punitive enforcement. Commissioners asked staff to return with draft interlocal agreement language, an implementation timeline, and budget options that minimize duplication.

Ending note: The court’s action changes county policy for outdoor operations in unincorporated areas; actual enforcement practices and staffing levels will depend on forthcoming interlocal agreements, fee schedules and the phasing decisions adopted by commissioners.