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HomeMy Public PortalAboutOrdinance No. 1029-05 10-11-2005 ORDINANCE NO. 1029-OS AN ORDINANCE OF THE CITY OF RICHLAND HILLS AMENDING THE • CITY'S ADOPTION OF THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL FIRE CODE PROVIDING FOR THE MODIFICATION OF THE CODES TO PROVIDE AN EXTENSION OF TIME FOR OWNERS OF CERTAIN BUILDINGS, SPECIFICALLY, GROUP "S" -STORAGE OCCUPANCIES, TO INSTALL AUTOMATIC FIRE SUPPRESSION SPRINKLER SYSTEMS, AND TO WAIVE CERTAIN CITY FEES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Richland Hills has previously adopted the 2003 versions of the International Building Code and the International Fire Code; and WHEREAS, the City Council of the City of Richland Hills desires to modify delete certain • local amendments relating to the requirement for installation of automatic fire suppression sprinkler systems in certain situations to better reflect the unique needs of the City of Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ADOPTION OF LOCAL AMENDMENTS The 2003 Edition of the International Building Code and the 2003 Edition of the International Fire Code, as adopted previously, are hereby amended by adoption of the following local amendments: • ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page I H:AORDINANC\ORD 1029-OS 10-11-OS.DOC 1. Any provision of this code that requires the installation of an automatic fire suppression sprinkler system to an existing building shall be enforced, provided, however, that the owner of any such existing building that qualifies • as a "Group `S' -Storage Occupancies" use may file an application requesting that the Fire Chief grant an extension of time for the installation of such system for a reasonable period not to exceed twenty-four (24) months from the date installation of such system would otherwise have been required. Such application must be supported by a written and signed description of all pertinent facts to permit the Fire Chief to evaluate the danger posed by the proposed use of the building during the requested extension period, including but not limited to the current and any new proposed use of the building, a description of the current and proposed contents of the building, a description of the existing, operable fire detection and fire suppression equipment, and the anticipated hours of operation and staffing levels present during and after such operating hours. The Fire Chief may grant the requested extension, grant a shorter extension, or deny the requested extension, based upon the Fire Chief s determination as to the level of fire risk posed. The denial of any requested extension shall be final and non-appealable. 2. The provision for the granting of an extension provided above shall apply only to existing buildings, and to the specific uses described above. 3. The City shall waive the building permit application fee and other City fees necessary for the installation of an automatic fire suppression sprinkler • system to an existing building if the installation of such automatic fire suppression sprinkler system is required by this Code, except that any pass- through fees such as the City tap fee shall not be waived. SECTION 2. PROVISIONS CUMULATIVE BUT CONFLICTING ORDINANCES REPEALED This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such existing ordinances and code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • SECTION 4. ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page 2 H:\ORDINANC\ORD 1029-OS 10-1 I-OS.DOC PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply • with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars and no cents ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. PREVIOUSLY ACCRUING RIGHTS AND REMEDIES SAVED All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any and all violations of the provisions of the Building Code, Electrical Code, Energy Code or any other ordinances affecting such codes which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this ordinance in one issue of the official city • newspaper as authorized by Section 52.013 of the Local Government Code. SECTION 7. PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. EFFECTIVE DATE This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS DAY OF ~(~~-6~-~~,~ , 2005. 'y,~elartgB/ E, * ~ ~ M ~ m :'a~ ~ ~ ~`w T E HONORABLE NELDA STRODER, MAYOR ~e e F ? ~ ORDINANCE AMENDING EOD3INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page 3 H:AORDINANC\ORD 1029-OS 10-I1-OS.DOC ATTEST: I BUTTER, CITY SECRETARY EFFECTIVE DATE: DL' 2pos APPROVED T FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page 4 H:\ORDINANC\ORD 1029-OS 10-11-OS.DOC INVOICE I~r~lt or,l~- Star-Telegram Customer ID: CIU08 aoo w. 7TH sTREET Invoice Number: 261810891 FORT WORTH, TX 76102 • (817) 390-7761 Invoice Date: 10/16/OS Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/OS Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 26181089 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland Hill Attn JUSTIN . VAUGHN Publication Date: 10/16/OS Description ~=~1,~',~;Location Col Depth Linage I~IU Rate Amount City of Richland Hills - ORDIN I3580 1 94 94 LINE $0.85 $79.90 I CITY OF . Richland Hilis - ORDINANCE NO. 1029-05E AN ORDINANC OF THE CITY OF Net Amount. $'79.90 RICHLAND HILLS AMENDING THE CITY'S ADOPTION OF THE 2003 IN- TERNATIONAL ANDDTHE 200301NE CODE TIPROVIDING FOR THE MODIFI- CATION OF THE CODES TO PRO- VIDE AN EXTEN- SIGN OF TIME FOR OWNERS OF CER- TAIN BUILDINGS, SPECIFICALLY, GROUP 'S" - STORAGE 000U- PANCIES, TO IN- aw STALL AUTOMATIC FIRE SUPPRESSION SPRINKLER sYS- •'~p~'P~a• CHRISTY L. HOLLAND TEMS AND TO ?r4''~ ~~'`k`"'c WAIVE CERTAIN MY COMMISSION EXPI~?E5 CITY FEES, PRO- ' JU 31, 2009 VIDING THAT THIS i+i•••••Ei~ h ORDINANCE SHALL '•.$;pc~; BE CUMULATIVE OF THE STATE OF TEXAS ALL ORDINANCES; PROVIDING A SEV- County of Tarrant ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR Vl0- Before me, a Nota Public in and fors INGIO A ~ SAV°INGS?, this da ersonall a g ry y p y ppeared Lisa Wesselman, Bid and Le al Coordinator CLAUSE• PROVID- for the Star-Telegram, published by the ING Fob PUBLICA- It Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did TION IN PAMPHLET depose and say that the attached clips FORM• PROVIDING Tle w s published in the ab ve named paper on the listed dates: BIDS & FOR PUBLICATION ~ LEGAL DEPT. STAR TLEGRAM w THE OFFICIAL NEWSPAPER• AND (817) 390-7320 PROVIDING AN EF- FECTIVEDATE. ANY PERSON FIRM OR CORPdRATION WHO VIOLATES, DISOBEYS OMITS, NEGLECTSt OR RE- SUBSCRIBEDAND SWORN TO BEFORE M FUSES TO COMPLY °r 21 2 WITH OR WHO RE- SISTS THE EN- FORCEMENT OF ANY OF THE PRO- VISIONS OF THIS BE OPINED NO MORE SAND ~DOLLAR3 Thank You For Your Paymen AND NO CENTS - _ J _ ($2 000.00) FOR ALL _ , ~ ~ ~ _ IdLATIO S IN- ~ W _ _ VOLVING ZONING FIRE SAFETY OF1 ~ ~ r PUBLIC HEALTH AND SANITATION INCLUDING DUMP' ING OR REFUSE AND SHALL B~! Remit To: Star-Telegram FINED NOT MORE Customer ID: CIU08 THAN FIVE HUN- DRED DOLLARS Customer Name: CITY OF RICHLAND HILLS P.O. BOX 9O1 OS 1 (A$ND NO CENTS OTH E R V IOLAT IONS FORT WORTH, TX NANCEHEACFOOAY' Invoice Number: 261810891 THAT A VIOLATION S PERMITTED TO ~x~ T HALL coN- Invoice Amount: $79.90 ~~~q~'p~ P= PO Number: RICHL~AN ~'6H~ CITY COUNCIL OOCC Amount Enclosed: $ TOBER 11, 2005.