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Home My Public Portal AboutOrdinance No. 1043-06 01-10-2006 . ORDINANCE NO. 1043-06 AN ORDINANCE OF THE CITY OF RICHLAND HILLS AMENDING THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL FIRE CODE PROVIDING REGARDING THE INSTALLATION OF 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 previously modified certain provi sions of such Codes 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; and WHEREAS, the City Council has now determined that additional modifications are necessary to further adjust such codes to the unique circumstances of the City; 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 additional local amendments: 1. Notwithstanding any provision of the Fire Code or Building Code to the contrary, any building which was constructed and for which a certificate of occupancy was issued prior to October 25, 2005 and which contains 12,000 square feet or less under roof need not contain an automatic sprinkler system, unless such building is used, in whole or in part, for the storage of hazardous • ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING ANU FIRE CODES REGARDING SPRINKLERS Page I C:~DOCUMEN~rS AND SETTINGS\KSUTTER\I,OCAL SETTINGS\TF,MPORARY INTERNET F[LF,S\OLKSA~2003 [3UILDING AND FIRE CODL AMENDMENT ORDINANCE REGARDING SPRINKLER SYS"TEMS (I-I 1-06 FINAL).WPD • materials as defined in the Fire Code, or is, in whole or in part. any of the following occupancies, as defined in the Fire Code: Group F-1 (Moderate- Hazard Factory Industrial), Group H (High Hazard) Group I, (Institutional), or or Group S-1 (Moderate-Hazard Storage); 2. Notwithstanding any provision of the Fire Code or Building Code to the contrary, any building which was constructed and for which a certificate of occupancy was issued prior to October 25, 2005 and which contains more than 12,000 square feet under roof need not contain an automatic sprinkler system, except in the following instances: a. Such building is used, in whole or in part, for the storage of hazardous materials as defined in the Fire Code, or is, in whole or in part, any of the following occupancies, as defined in the Fire Code: Group F-1 (Moderate-Hazard Factory Industrial), Group H (High Hazard) Group I, (Institutional), or or Group S-1 (Moderate-Hazard Storage); b. Such building is determined to be or have been vacant, abandoned, or which is not being currently occupied by the owner or a tenant, on a continuous basis for a period of more than 180 consecutive days, as determined by the Chief Building Official or the Fire Chief, or their • designees. SECTION 2. REPEAL OF PREVIOUSLY ADOPTED LOCAL AMENDMENT The 2003 Edition of the International Building Code and the 2003 Edition of the International Fire Code, as adopted previously, are hereby amended by repeal of the following local amendment previously adopted on October 11, 2005: 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 • ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page 2 C:\DOCUMENTS AND SETTINGSU{SUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA~2003 BUILDING AND FIRE: CODE AMENDMENT ORDINANCE REGARDING SPR[NKLER SYSTEMS (1-11-06 FINAL).WPD • 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. 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. Except for the foregoing, previously adopted local amendments shall remain in full force and effect, except to the extent, if any, such amendments conflict with this ordinance. SECTION 3. 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 4. 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 5. 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 • ORDINANCE AMENDING 2003 INTERNATIONAL BUILDING AND FIRE CODES REGARDING SPRINKLERS Page 3 C:\DOCUMENTS AND SE'TTINGSUCSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILLS\OLKSA\2003 BUILDING AND FIR[: CODE: AMENDMENT ORDINANCE REGARDING SPRINKLER SYSTEMS (1-1 I-06 FINAL).WPD • 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 6. 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 he affected by this Ordinance but maybe prosecuted until final disposition by the courts. SECTION 7. 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 8. • 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 9. 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 10`" DAY OF JANUARY 2006. z f /,e TH HONORABLE NELDA STRODER, MAYOR • ORDINANCE AMENDING 2003 INTERNATIONAL. BUILDING AND FIRE CODES REGARDING SPRINKLERti Page 4 C:ADOCUMENTS AND SETTINGS~ICSUTTF.R\LOCALSE'ITINGS\TEMPORARY INTERNE" FILES\OLKSA~2003 BUILDING AND FIRECODE AMENDMENT ORDINANCE REGARDING SPRINKLER SYSTEMS (I-11-06 FINALi.WPD \~\\\11\1111111111////j/ ATTEST: \\\\\\\\~.~~~~,pN D y, • 'O ~ : - I SUT R, CITY SECRETARY = ~ = ~ ~ ;c~ EFFECTIVE DATE: January I4, 2006 ~ , APPROVED O FORM AND LEGALITY: '~2. TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE AMENDING 2UU3 INTERNATIONAL BUILDING ANU FIRE CODES REGARDING SPRINKLERS Pagc 5 C:ADOCUMENTS AND SETTINGS\KSUTfLR\I_,OCAL SETCINGS\TTMPORARY INTERNET FILES\OLKSA~003 BUlLD1NG BOND f7RE CODI? AMENDMENT ORDINANCE REGARDING SPRINKLER SYSTEMS (1-1 I-06 FINAI,I.WPD