HomeMy Public PortalAboutOrdinance No. 1106-08 01-08-2008 i
ORDINANCE NO. 116-08
AN ORDINANCE OF THE CITY OF RICHLAND HILLS AMENDING
ARTICLE 334 OF THE 2002 NATIONAL ELECTRICAL CODE AS
PREVIOUSLY ADOPTED AND AMENDED REGARDING THE USE OF
NONMETALLIC-SHEATHED CABLE: TYPES NM, NMC, AND NMS,
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 2002 j
version of the National Electrical Code; and
WHEREAS, the City Council previously modified Article 334 of the National Electrical
Code relating to the requirement for the use ofNonmetallic-Sheathed Cable: Types NM, NMC, and
• NMS 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 2002 Edition of the National Electrical Code, as adopted and amended previously, is
hereby amended by adoption of the following additional local amendment to Article 334.10(2) to
read as follows:
(2) In any multifamily dwelling no exceeding three floors above grade.
Exception: An additional level shall be permitted in multifamily dwellings
and hotels where the entire structure is protected throughout by an approved
automatic sprinkler system.
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. 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PROVISIONS CUMULATIVE BUT CONFLICTING ORDINANCES REPEALED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which event the conflicting provisions of such ordinances and Code are hereby repealed.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.
PENALTY
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• 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 Electrical 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 j
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
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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 Y OF , 2008.
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• E HONORABLE DAVI . RAGAN, MAYOR
ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
COREY FICKES, CITY ATTORNEY
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