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Resident urges McLennan County to adopt fire code review to constrain proposed data center
Summary
Carla Garcia told the commissioners court that McLennan County can use Texas Local Government Code §233.061 to adopt the International Fire Code and NFPA 855 standards to require plan review, battery testing and setbacks before data‑center permits are issued.
Carla Garcia, a Precinct 3 resident, urged the McLennan County Commissioners Court to study adoption of the International Fire Code under Texas Local Government Code §233.061 to increase oversight of a proposed data center on North Katy Road in Ross. Garcia said counties with populations over 250,000 may adopt and enforce fire codes for unincorporated areas and listed specific requirements—plan review before permits are issued, NFPA 855 hazard mitigation analyses for battery energy storage systems, UL 954A test data for thermal‑runaway behavior, enforceable setbacks from homes and schools, emergency operations plans with local fire departments, and certificates of compliance before occupancy.
Garcia told the court she had seen similar approaches work in nearby counties, citing Kendall County’s adoption of International Fire Code Chapter 12 and use of a fire‑code consultant; she said code review can “shift priorities away” from projects that can’t meet safety standards without imposing an outright ban. “Code‑adopted counties don’t repel investment, they repel bad investment,” she said, and asked the court to study the option, appoint a county fire marshal with real resources and fund the office through applicant fees or abatements so development oversight pays for itself.
Why it matters: Garcia framed the proposal as a public‑safety and consumer‑protection measure tied to technical standards for battery energy storage systems and data centers. Those systems can present thermal‑runaway and fire propagation risks that local officials can address by requiring documented testing and pre‑occupancy certificates under a locally adopted fire code.
What the court did: Garcia’s comments were delivered during the public‑comment period; no immediate vote or directive on code adoption was recorded. Commissioners acknowledged the presentation and moved on to other agenda business. The subject may return to staff for study if the court requests follow‑up.
Notes and context: Garcia cited specific sources by name during her remarks: Texas Local Government Code §233.061; NFPA 855 (installation of stationary energy storage systems); UL 954A (test method for thermal‑runaway fire propagation); and the International Fire Code, Chapter 12. Those references were presented as the legal and technical basis for the enforcement tools she requested the court consider. The court did not take formal action on the request at this meeting; any future steps would require staff study and explicit direction from the court.
