HomeMy Public PortalAboutOrdinance No. 751-95 07-25-1995 ORDINANCE NO. ~ 51- 9 5
•
AN ORDINANCE AMENDING SECTION 1 "BUILDING
CODE" AND REPEALING IN ITS ENTIRETY SECTION 6
"FENCES REQUIRED FOR SWIMMING POOLS" OF
CHAPTER 3 "BUILDING REGULATIONS" OF THE CODE
OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, TO
ADOPT THE 1994 EDITION OF THE UNIFORM BUILDING
CODE; ADOPTING PERMIT FEES AND INSPECTION FEES;
PROVIDING FOR PENALTIES FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE,
EXCEPT THAT THE PENALTY SHALL BE THAT FIXED BY
STATE LAW WHERE A DIFFERENT PENALTY HAS BEEN
ESTABLISHED BY STATE LAW FOR SUCH OFFENSE AND
EXCEPT THAT FOR ANY OFFENSE WHICH IS A
VIOLATION OF ANY PROVISION GOVERNING FIRE
SAFETY, ZONING OR PUBLIC HEALTH AND
SANITATION, INCLUDING THE DUMPING OF REFUSE AS
THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS
LITTER ABATEMENT ACT, ARTICLE 4477-9A, VERNON'S
• ANNOTATED CIVIL STATUTES, AS AMENDED, THE
PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; APPOINTING A BOARD OF APPEALS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Be it ordained by the City Council of the City of Richland Hills, Texas:
I.
That Section 6, "Fences Required for Swimming Pools" of Chapter 3, "Building Regulations"
of the Code of Ordinances of the City of Richland Hills, Texas, is hereby repealed in its entirety.
That Section 1, "Building Code" of Chapter 3, "Building Regulations" of the Code of Ordinances,
City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows:
SECTION 1: BUILDING CODE
A. UNIFORM BUILDING CODE ADOPTED
• ORDINANCE NO. 7 51- 9 5 Page 1
• The following documents, copies of which are on file in the office of the Building
Official of the City of Richland Hills, Texas, being marked and designated as:
Uniform Building Code, 1994 edition, Volumes 1, 2 and 3 published by the
International Conference of Building Officials, including Appendix Chapters 3
Division I, 4, 9, 11, 29, 30 and 33;
Are hereby adopted as the building code of the City of Richland Hills, Texas,
regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all buildings and structures within the City
of Richland Hills, providing for issuance of permits and collection of fees therefor;
and each and all of the regulations, provisions, conditions and terms of such Uniform
Building Code, 1994 Edition, Volumes 1, 2 and 3, are hereby referred to, adopted
and made a part hereof as if fully set out in this ordinance.
B. AMENDMENTS TO 1994 UNIFORM BUILDING CODE
1. Section 106.2 Work Exempt from Permit.
Section 106.2 of the 1994 Uniform Building Code is hereby amended by the
deletion of items one (1), two (2) and seven (7) from the list contained therein
of exempted work. There shall also be an item number twelve added to the
• list of exempted work which shall read as follows:
"12. Roof repair or replacement work where only the waterproofing
membrane is replaced and no decking or sheathing is replaced."
2. Section 109.1 Use and Occupancy. Said Section is hereby amended to
read as follows: "No Building or structure shall be used or occupied by
persons or possessions until the building official has issued a certificate of
occupancy therefor as provided herein. Anew certificate of occupancy shall
be required whenever the owner of the building, owner of the business or the
tenant changes. Any change in the existing occupancy classification of a
building or structure or portion thereof shall require the building or portion
of the structure to comply with all of the requirements of this code.
EXCEPTION: Group R, Division 3 and Group M Occupancies.
Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances
of the jurisdiction. Certificates presuming to give authority to violate or
cancel the provisions of this code or other ordinances of the jurisdiction shall
not be valid."
• ORDINANCE NO. ~ 51- 9 5 Page 2
3. Section 302.4 Said Section is hereby amended to read as follows: "Fire
• Ratings for Occupancy Separations. Occupancy separations shall be
provided between the various groups and divisions of occupancies as set forth
in Table 3-B. For required separation of specific uses in Group I, Division
1 hospitals and nursing homes, see Table 3-C. See also Section 504.6.1
EXCEPTIONS: 1. A three-hour occupancy separation maybe used
between a Group A, Division 1 and a Group S, Division 3 Occupancy
used exclusively for the parking or storage of private or pleasure-type
motor vehicles provided no repair or fueling is done. A two-hour
occupancy separation may be used between a Group A, Division 2,
2.1, 3 or 4 or E or I Occupancy and a Group S, Division 3 Occupancy
used exclusively for the parking or storage of private or pleasure-type
motor vehicles provided no repair or fueling is done.
2. Unless required by Section 311.2.2, the three-hour
occupancy separation between a Group R, Division 1 Occupancy and
a Group S, Division 3 Occupancy used only for the parking or storage
of private or pleasure-type motor vehicles with no repair or fueling
may be reduced to two hours. Such occupancy separation may be
further reduced to one hour where the area of such Group S, Division
3 Occupancy does not exceed 3,000 square feet (279 m2).
3. In the one-hour occupancy separation between Group R,
• Division 3 and Group U Occupancies, the separation may be limited
to the installation of not less than one-half inch gypsum board on the
garage side and atight-fitting door in lieu of a one-hour fire
assembly. Fire dampers need not be installed in air ducts passing
through the wall, Floor or ceiling separating a Group R, Division 3
Occupancy from a Group U Occupancy, provided such ducts within
the Group U Occupancy are constructed of steel having a thickness
not less than 0.019 inch (0.48 mm)(No. 26 galvanized sheet gage) and
have no openings into the Group U Occupancy.
4. Group H, Division 2 and Group H, Division 3 Occupancies
need not be separated from Group H, Division 7 Occupancies when
such occupancies also comply with the requirements fro a Group H,
Division 7 Occupancy."
4. SECTION 906 SMOKE AND HEAT VENTING
906.1 When Required. Said Section is hereby amended as follows:
"Smoke and heat vents complying with U.B.C. Standard 15-7 or fixed
openings shall be installed in accordance with the provisions of this section
as follows:
• ORDINANCE NO. ~ 51- 9 5 Page 3
• 1. In single story Groups B, F, M and S Occupancies having over
50,000 square feet (4645 mZ) in undivided area.
EXCEPTIONS: 1. Office buildings and retail sales areas
where storage does not exceed 12 feet (3658 mm) in height.
2. The building is protected by a complete automatic sprinkler
system and deletion of smoke and heat venting is approved by the
building official with the concurrence of the fire chief.
2. In Group H, Divisions 1, 2, 3, 4 or 5 Occupancies any of which are
over 15,000 square feet (1394 mz) in single floor area.
For requirements on smoke and heat venting in buildings with high-
piled combustible stock, see the Fire Code."
5. Section 421.1 of Appendix Chapter 4 of the 1994 Uniform Building Code is
hereby amended by the deletion of item five (5) which requires a barrier
between door openings between a Group R, Division 3 Occupancy dwelling
unit and an outdoor swimming pool.
6. Section 421.1 of Appendix Chapter 4 of the 1994 Uniform Building Code is
hereby amended by the addition of items seven (7) and eight (8) as follows:
• "7. All persons, firms or corporations now owning property within the City
of Richland Hills on which is located a swimming pool that is not enclosed
completely in a fenced area shall, within sixty (60) days after being notified
to do so by the building official, construct the necessary fence to enclose the
said swimming pool within a fenced area. Fences that were constructed in
compliance with pool fencing requirements that existed at the time of
construction shall be deemed legal non-conforming fences so long as they
remain in compliance with the requirements under which they were
constructed.
8. At all times during the construction of a swimming pool, a temporary
fence shall be erected that provides a barrier between the pool and any
adjacent property. The temporary fence may be constructed of wire or plastic
mesh provided that the barrier is at least four feet (4') in height and is
properly supported to the satisfaction of the building official."
7. The following amendment be in addition to the requirements found in the
1994 edition of the Uniform Building Code. If any requirement of the 1994
edition of the Uniform Building Code is more or less stringent than the
following amendment, the most stringent requirement shall apply. Said
amendment shall hereby read as follows:
ORDINANCE NO. ~ 51- 9 5 Page 4
• "Automatic Fire Sprinkler Systems Required
1. Any apartment, condominium, hotel, motel or townhouse, over two
(2) stories in height or more than thirty-five feet (35') elevation from
finished floor level, shall be equipped with a fire protection sprinkler
system that meets NFPA Standard 13.
a. The system shall be installed on all floors of the building.
b. The sprinkler heads installed in occupied areas of the
structure shall be fused at 165 degrees Fahrenheit unless
otherwise approved by the fire chief.
c. Any multi-family structure over thirty-five feet (35') in height
shall be equipped with a sprinkler system that meets the
requirements of NFPA Standard 13.
d. Upon installation completion, the installer of the sprinkler
system shall furnish the fire chief with a copy of the "as built"
plans for the system and a letter stating the name of the
company installing the system, date of completion, a
statement that the system has been installed to meet the
• requirements of the ordinance and the notarized signature of
the installer."
8. The following amendment be in addition to the requirements found
in the 1994 edition of the Uniform Building Code. If any
requirement of the 1994 edition of the Uniform Building Code is
more or less stringent than the following amendment, the most
stringent requirement shall apply. Said amendment shall hereby read
as follows:
"Fire Wall Required
All occupancies with multiple units designed for use by multiple
occupants through rental, lease, or other agreement, shall provide a
minimum one (1) hour fire resistive separation between each unit or
occupancy. Each unit utilized by other than the building owner or
manager, under such rental lease, or other agreement, shall be
considered a separate occupancy, and require the minimum one (1)
hour fire resistive separation between each unit or occupancy.
1. Fire resistive construction shall extend from the floor to the
• ORDINANCE NO. ~ 51- 9 5 Page 5
• bottom of the roof deck or the sub-floor of the next floor
level.
2. Where greater fire resistive separation is required by the
Uniform Building Code, 1994 Edition, it shall be so provided.
3. Those occupancies which are required by the building code to
have automatic fire sprinkler systems, or which have
automatic fire sprinkler systems, shall be exempt from this
separation requirement."
9. The following amendment be in addition to the requirements found
in the 1994 edition of the Uniform Building Code. If any
requirement of the 1994 edition of the Uniform Building Code is
more or less stringent than the following amendment, the most
stringent requirement shall apply. Said amendment shall hereby read
as follows:
Wood Roof Shingles Restricted
1. It shall be a violation of this section to use any wood shingles
as part of the construction material on structures classified as
• multi-family (including duplexes) or commercial buildings.
2. All wood shingles or shakes used upon single family
dwellings shall be factory pressure treated with a fire
retardant chemical to meet Class C fire resistant requirements
of the National Fire Protection Association No. 256.
3. Existing wood shingles or shake roofs may be repaired with
wood shingles or shakes provided that the area replaced does
not exceed twenty-five percent (25%) of the entire area of the
roof, otherwise the entire roof shall be replaced with material
meeting the requirements specified in this section.
C. Board of Appeals
The members of the Richland Hills City Council are hereby appointed as the Board
of Appeals as provided by Section 105 of the Uniform Building Code, 1994 Edition,
and any changes in membership of said City Council shall likewise be reflected in
the membership of said Board of Appeals.
• ORDINANCE NO. ~ 51- 9 5 Page 6
• II.
Penalty Clause. Any person, firm or corporation who shall violate any of the provisions of
the Uniform Building Code adopted by this section, or who shall do or attempt to do work covered
by such code without first securing the permit prescribed herein for such work, or who shall in any
other manner violate the provisions of this section shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined in an amount not to exceed five hundred dollars ($500.00) except
that the penalty shall be that fixed by state law where a different penalty has been established by
state law for such offense and except that for any offense which is a violation of any provision
governing fire safety, zoning or public health and sanitation, including the dumping of refuse as that
term is defined by section 2.09 of the Texas Litter Abatement Act, Article 4477-9A, Vernon's
Annotated Civil Statutes, as amended, the penalty shall be a fine not to exceed the sum of two
thousand dollars ($2,000.00), and each day or fraction of a day that an offense hereunder is
committed or permitted to exist shall constitute a separate offense and shall be punishable as such
hereunder.
III.
Severability Clause. That it is hereby declared to be the intention of the City Council that
• the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted the City Council
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
IV.
Saving Clause. That Chapter 3 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
Chapter 5 of the Code of Ordinances, City of Richland Hills, Texas, which outlines Fire Protection
regulations, shall remain in full force and effect as adopted. Any references to occupancy
classifications shall be converted to the appropriate classification as listed in the 1994 Uniform
Building Code.
• 751-95
ORDINANCE NO. Page 7
• V.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas
PRESENTED, GIVEN FIRST READING AND APPROVED at the regular meeting of the
Richland Hills City Council on the 25th day of July , 1995, by a vote of 5 ayes,
~ nays, and ~ abstentions.
APPROVED:
F. Kelley, ayor
ATTEST:
• -
Terri it ' ,City Secretary
APPROVED AS TO FORM AND LEGALITY:
Paul F. Wieneskie, City Attorney
• ORDINANCE NO. ~ 51- 9 5 Page 8