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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Pools" of Chapter 3, "Building Regulations" of the Code of Ordinances of the City of Richland Hills, Texas, is hereby repealed in its entirety.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