HomeMy Public PortalAboutOrdinance No. 858-99 04-13-1999 ORDINANCE NO. ~5~-gg
AN ORDINANCE AMENDING SECTION 1 "BUILDING
CODE" OF CHAPTER 3 "BUILDING REGULATIONS" OF
THE CODE OF ORDINANCES OF THE CITY OF RICHLAND
HILLS, TEXAS, AS AMENDED; IMPOSING A FIVE FOOT
MINIMUM HEIGHT REQUIREMENT FOR FENCES AND
OTHER ENCLOSURES AROUND RESIDENTIAL
SWIMMING POOLS; PROVIDING THAT WHERE
CONFLICTS EXIST BETWEEN PROVISIONS OF THE
UNIFORM BUILDING CODE AND OTHER ORDINANCE
PROVISIONS, THE MOST STRINGENT PROVISION SHALL
PREVAIL; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas, has heretofore adopted the 1994 Edition of
the Uniform Building Code, to regulate buildings and other structures within the City; and
WHEREAS, certain provisions of said 1994 Edition of the Uniform Building Code require
a fence or other enclosure of at least four feet in height around a residential swimming pool; and
• WHEREAS, the City of Richland Hills thereafter, in 1997, adopted Ordinance No. 828-97,
which added a new Section 17 "SWIMMING POOL BARRIERS" to Chapter 3 "BUILDING
REGULATIONS" of the Richland Hills Code of Ordinances, which new section imposed a five foot
minimum height requirement for swimming pool fences or enclosures; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds and determines that
the health, safety and welfare of the citizens of Richland Hills would be promoted if a single
standard is adopted and enforced within the City for swimming pool enclosures, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
I.
That paragraph (6) of Subsection B "AMENDMENTS TO 1994 UNIFORM BUILDING
CODE" of 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:
(6) Section 421.1 of Appendix Chapter 4 of the 1994 Uniform Building Code is hereby
amended to require that the top of the barrier discussed therein be at least sixty inches
• ORDINANCE NO. Page 1
• above grade measured on the side of the barrier that faces away from the swimming
pool, and by the addition of items seven (7) and eight (8) as follows:
II.
That Section 1 "BUILDING CODE" of Chapter 3 "BUILDING REGULATIONS" of the
Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the
addition thereto of a new Subsection D "CONFLICTS OR DIFFERENCES BETWEEN UNIFORM
BUILDING CODE AND OTHER ORDINANCES OF CITY",which new Subsection shall hereafter
be and read as follows:
D. CONFLICTS OR DIFFERENCES BETWEEN UNIFORM BUILDING CODE
AND OTHER ORDINANCES OF CITY
Where, in any specific case, the provisions of the Uniform Building Code specify
different materials, methods of construction, or other requirements from those
contained in other sections or provisions of the Richland Hills Code of Ordinances,
the most restrictive or stringent requirement shall govern. Where there is a conflict
between a general requirement and a specific requirement, the specific requirement
shall be applicable.
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 judgment 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 by 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.
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.
ORDINANCE NO. 858-99 Page 2
• PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on thel.3th day of April , 1999, by a vote of 4 ayes, 0 nays,
and ~ abstentions.
~ , , , , ~ ~ APPROVED:
!1 ~ ~ ' C. F. Kelley, Mayor
, -
. ` .
_
ATTEST: 'dr *''.9...r s~,..
e ~
~ \
erri ~ ,City Secretary
APPR VED AS~O FO AND LEGALITY:
•
James Cribbs, City Attorney
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