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HomeMy WebLinkAboutCC 2002-06-10 AgendasCITY OF NORTH RICHLAND HILLS PRE - COUNCIL AGENDA JUNE 10, 2002 — 5:50 PM For the Meeting conducted at the North Richland Hills City Hall - Pre - Council Chambers 7301 Northeast Loop 820. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. (0 P7 ED � 7 (6� Date q5 Qm Time 06/10/02 City Council Agenda City Secretary Page 1 of 4 ACTION NUMBER ITEM TAKEN 1. Discuss Items from Regular June 10, 2002 City Council Meeting 5 Minutes Discussion of New Building, Fire, and Energy Codes (5 2. 1 2002 -088 Minutes Discussion of Proposed Substandard Building Regulations - 3. 1 2002 -087 Ordinance No. 2629 15 Minutes - Agenda Item No. 13 Discussion of 2002 4th of July Celebration (10 Minutes) 4. IR 2002 -086 Discuss Procedures for Proclamations and Other Ceremonial 5. 1 2002 -083 Items Discuss Procedures for Attending Ribbon Cuttings, Ground 6. 1 2002 -084 Breakin s and Other Business and City Events 5 Minutes *Executive Session — The Council may enter into closed 7. Executive Session to discuss the following: Deliberation Regarding Real Property as Authorized by Government Code § 551.072 - Park Land Acquisition Park Zone 16 *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. (0 P7 ED � 7 (6� Date q5 Qm Time 06/10/02 City Council Agenda City Secretary Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 10, 2002 — 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and /or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817- 427 -6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1 Call to Order 2. Invocation - Councilman Whitson 3. Pledge - Councilman Whitson 4. Special Presentation Summer Santa Presentation - Dave Lieber 5. GN 2002 -070 Election of Mayor Pro Tern 6. Removal of Items from the Consent Agenda 06/10/02 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 7. Consent Agenda a. Minutes of the Pre - Council Meeting May 28, 2002 b. Minutes of the City Council Meeting May 28, 2002 GN 2002 -068 c. Ratify Emergency Repairs in the amount of $43,000 for Little Bear Creek Concrete Channel Liner (Gary Drive and Northfield Drive) GN 2002 -069 d. Partial Release of Utility Easement - Resolution No. 2002 -051 PU 2002 -023 e. Authorize Extension of Contract with Badger Meter, Inc. - Resolution No. 2002 -048 PU 2002 -024 f. Authorize Contract Extension for Miscellaneous Concrete Improvements to Barbara's Concrete - Resolution No. 2002 -047 PW 2002 -008 g. Award Bid for 2002 Miscellaneous Street Subgrade Stabilization Project to TMD and Associates in the Amount of $88,316 - Resolution No. 2002 -046 h• Approve Final Pay Estimate in the PAY 2002 -004 Amount of $3,246.35 to Roadway Solutions, Inc. for the Holiday Lane at Trinidad Drive Traffic Signal Public Hearing to Consider a Request from 8. PS 2002 -21 Rebel Properties III LTD. for the Approval of a Residential Replat of Lots 14 -18, Block 1 Glenwyck Villas Addition (Located in the 6400 block of Glenview Drive; approximately 1.25 acres Consideration of a Request from Ernest 9. PS 2002 -22 Hedgcoth for the Approval of the Final Plat of Lot 2 -R1, Block 5, of the Richland Oaks Addition (Located at 8725 Airport Freeway; 1.979 acres 06/10/02 City Council Agenda Page 3 of 4 NUMBER ITEM ACTION TAKEN Ordinance Adopting 2000 International Fire 10. GN 2002 -059 Code and 2002 Supplement to the International Fire Code - Ordinance No 2625 Ordinance Adopting 2000 International 11. GN 2002 -060 Building Code - Ordinance No. 2626 Ordinance Adopting 2000 International Energy 12. GN 2002 -061 Conservation Code and 2001 Supplement to the International Energy Code - Ordinance No. 2627 Ordinance Adopting Substandard Building 13. GN 2002 -062 Regulations and Establishing a Substandard Building Board - Ordinance No. 2629 Ordinance Creating a Construction Code 14. GN 2002 -063 Appeals Board - Ordinance No. 2628 Appointments to Construction Code Appeals 15. GN 2002 -064 Board Creating Citizen Capital Improvement Study 16. GN 2002 -065 Committee and Repealing Resolution No. 2002 -032 - Resolution No. 2002 -049 Appointments to the Citizens Capital 17. GN 2002 -066 Improvement Study Committee Appointment to Place 1 on the Beautification 18. GN 2002 -067 Commission 19. a) Citizens Presentation b Information and Reports 20. Adjournment 06/10/02 City Council Agenda Page 4 of 4 POSTED �h (6 2L Date kA5 Q r1/i } Time wv� " City Secretary G-1 INA INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. !R 2042488 June 5, 2002 Discussion of Adoption of the new Building, Fire and Energy Codes At present NRH is under the 1991 Uniform Building Code as published by the International Conference of Building Officials, and has been in the process of updating its codes since December of 2001. The proposed adoption of the 2000 IBC and the 2000 IECC will complete the arduous update process and bring us in line with a majority of surrounding communities. In July 2001, Council approved a Technical Code Review Committee consisting of 7 members to review these new building codes as appropriate to the City of NRH. The 2000 International Energy Conservation Code is a new code to the DFW area and was mandated by the State of Texas in 1991's S.B. No. 5. New and remodeled buildings constructed to this code will use less energy without substantially increasing construction costs. The 2000 IBC will have minimal impact on the current requirements that architects, '— engineers & builders must meet. A majority of the changes have to do with learning a new way of determining compliance with maximum area and height restrictions. In many cases, the new code will make it easier to build by allowing more "trade -offs" when sprinkler systems are installed throughout a building. Mark Alexander, chairman of the adhoc Technical Code Review Committee, and staff will be present to answer questions and present the new proposed additions to the City's building and construction codes. The Technical Code Review Committee voted 6 -0 to recommend adoption of the 2000 International Building Code and the 2000 International Energy Conservation Code. Sincerel , John Pitstick ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002487 June 5, 2002 Discussion of Adoption of New Substandard Building Code Substandard buildings tend to blight neighborhoods, endanger occupants and reduce property values to surrounding properties that are properly maintained and nurtured. The Planning and Inspections department regularly works with owners to ensure that vacant structures are maintained in safe condition, and typically enjoy good working relationships with our city's various building owners. When buildings are permitted to dilapidate, however, it is the ultimate responsibility of the building owner to rehabilitate or remove the substandard and /or dangerous building. Occasionally, the owner(s) are unable (or unwilling) to repair or remove their substandard buildings and a tool is needed to assist in the repair, rehabilitation, vacation, removal and demolition of substandard and dangerous buildings. This ordinance, should council approve it, will be just such a tool. `�- Along with the technical and procedural provisions of this proposed ordinance, a Substandard Building Board is proposed. This board will conduct a public hearing and review the inspection records of the individual building, and either confirm or reject the findings of the building official in regards to whether the building. Staff will provide a presentation and answer questions and concerns regarding the inner workings of this proposed ordinance. Due to the increasing age of the City of North Richland Hills and its buildings; and the growing number of complaints that staff has confirmed regarding the condition of several buildings, staff recommends approval of Ordinance No. 2629. Sin�ceerre� John Pitstick ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL Date: June 2, 2002 Subject: Northeast Family Fourth ` No. I R 2002 -086 The Northeast Family Fourth has been moved this year to Birdville Stadium and The Crossing shopping center at the corner of Grapevine Highway and Precinct Line Road. The City decided not to continue the tradition at Tarrant County College due to the distance from the new firing site at HomeTown. A fun evening is being planned at Birdville Stadium. The Cavalcade of Stars, a legendary Las Vegas show group, will be performing in the middle of the field. Celebrity look - alikes will sing and dance to hit tunes sung by Elvis, Elton John, Shanai Twain, Celine Dion, and more. The last ten minutes of the show will feature a patriotic review as the first fireworks are let off into the sky. The Crossing shopping center will feature many of the same activities that used to take place on the west lawn of TCC. The Crossing will have a local band, Tocar, who will play pop and variety music, and David Carr Jr., who will play jazz music. There will also be bounce houses, Uncle Sam on Stilts, Puppetbots on the Go, clowns, and other roaming entertainers. Fireworks will be let -off at 9:45 p.m. at HomeTown. The City is testing different sized shells to make sure people at Birdville Stadium and The Crossing can see the fireworks from both venues. We are also advertising the new firing site in the Star Telegram, Kiss FM radio station, posters, flyers, and other forms of media. This year the following cities have agreed to participate in the Northeast Family Fourth: North Richland Hills, Watauga, Haltom City, Keller, and Richland Hills. All the cities are contributing the same levels as previous years, except for Watauga, which decided to double their contribution. Hurst withdrew there participation because they are planning their own event, and Colleyville opted out due to budget shortfalls. We have been very successful in raising private money to fund the event. HomeTown, UICI Insurance Center, and Allen Samuels Dodge Hyundai have all agreed to the Stars & Stripes sponsorship level at $2,800 each. We have several smaller sponsors as well including: Oncor, North Hills Mall, North Hills Hospital, Liberty Bank, Frost Bank, Trinity Waste, and NRH2O. Thus far, the City has raised $13,000 in sponsorships, which is 60% more than last year. The Economic Development Department has been working closely with the Parks and Recreation, Police and Fire Departments in planning the celebration. We are very excited about the plans for this year. We will be giving a presentation on this years activities to City Council at the briefing session this Monday. Sincerely, .Ja6fp John Pitstick ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002- 083 Date: June 10, 2002 Subject: Discuss Procedures for Proclamations and Other Ceremonial Items Mayor Trevino requested that this item be placed on the agenda for discussion, as he has some ideas on sharing the presentation of ceremonial items with all of the Council. In general, he thought it might be good to rotate the presentation of these items among all of the members of the City Council instead of having the Mayor present all of these as has been done previously. A process would be set up so that the Council member responsible for presenting the items would know in advance that they were to present, and would receive summary information in advance so that he or she would be prepared. It is suggested that a schedule be set up where a different Council member is responsible for presenting ceremonial items each month or at each meeting. Staff would then prepare a summary of what is being presented, who it is being presented to, and the purpose of the presentation. The Council member would then read a summary of the proclamation versus reading the entire proclamation as has been done in the past. The purpose of this discussion is to get the ideas and input of all the Council members before implementing new procedures for handling ceremonial items. We look forward to discussing this with you Monday. Res ectfully Submitted, Larry J. nningham City Manager LISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002 -084 Date: June 10, 2002 Subject: Discuss Procedures for Attending Ribbon Cuttings, Ground Breakings, and Other Business and City events Mayor Trevino has requested that the Council discuss developing a system that would insure City Council representation at all special events including ribbon cuttings, ground breakings, business meetings, and City events. It is suggested that a schedule be developed assigning one or two Council members who would be responsible for attending such events each month. Of course, all of the Council members would still be invited and welcome to attend these events, but the Council members assigned to attend these events for the month would be responsible for attending the meeting and insuring Council representation at such events. If the responsible Council members or members are unable to attend, they would ask another elected official to attend in their place. The purpose of such a system would be to allow members of the Council to plan their schedules in advance so that the. Council is well represented at events of this nature. We look forward to discussing this with you Monday, and hope to receive your ideas and input regarding this suggestion. . Respectfully Submitted, Larry J. nningha City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Sample Special Event Sign Up Sheet/Schedule Month Council Member Council Member July 2002 August 2002 September 2002 October 2002 November 2002 December 2002 January 2003 February 2003 March 2003 April 2003 May 2003 June 2003 Special Presentations Presentation of Awards to Police Officers Dave Lieber, Star Telegram, will present trophies to the Police Officers who volunteered for the miniature golf tournament to benefit the Summer Santa program. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/10/02 Subject: Election of Mayor Pro Tem Agenda Number: GN 2002 -070 The Charter states that the Mayor Pro Tem shall be selected from the Council Members at the first regular meeting following the City's general election. Council selected Oscar Trevino as Mayor Pro Tem at their May 13 meeting. With the recent election of Oscar Trevino as Mayor, the Mayor Pro Tem position is now vacant. Since this is the first regular meeting following the June 1 run -off election, the City Council must elect a Mayor Pro Tem at this Council meeting. Recommendation: To elect a Mayor Pro Tem. MINUTES OF THE PRE - COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE - COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 28, 2002 — 5:45 P.M. Present: Charles Scoma T. Oscar Trevino Lyle E. Welch Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Pam Burney Vickie Loftice Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Environmental Services Director Asst. Parks & Recreation Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:45 p.m. DISCUSS ITEMS Agenda Item 6e, GN 2002 -049 — Councilman NAN FROM REGULAR Whitson questioned if the City would continue to MAY 28, 2002 CITY mail notices. Mr. Staples advised that State law COUNCIL MEETING provides for notices to be mailed before the Planning & Zoning hearings and publication of all zoning matters. Mr. Staples advised that this is the current practice of City Staff and the proposed amendment will conform the City's Code of Ordinances to current practice, State law and the Zoning Ordinance. Pre Council Minutes May 28, 2002 Page 2 DISCUSS ITEMS FROM REGULAR Agenda Item 6g — GN 2002 -053 — Councilman Tolbert questioned if reports would be provided GREG V. MAY 28, 2002 CITY so the City would be able to monitor the COUNCIL MEETING activities of the Steering Committee, and, if from (CONTINUED) a financial standpoint, would the City receive audit reports. Staff advised that the City would receive regular updates from the Steering Committee. The function of the committee is a membership type; therefore audit reports will not be provided. However, the City will receive reports on the use of the membership participation fee. Agenda Item 15 — GN 2002 -055 — Councilman NAN Metts questioned why the City was involved in the program. Staff explained the City had received a request from Tarrant County Housing Finance Corporation for the Council to consider approving a resolution which would allow Tarrant County to provide low interest loans for first -time qualifying homebuyers in North Richland Hills. Tarrant County Housing Finance Corporation will administer the program and the City will have no liability. Council questioned if the City had an option not to participate. Council was advised that Council did not have to approve the resolution. Should Council decide not to approve the resolution, first -time homebuyers in North Richland Hills would not be able to participate in the program. Agenda Item No. 16 — GN 2002 -056 - Mayor NAN Scoma questioned Section I of the Ordinance, the "Statement of Purpose ". Mayor Scoma questioned why economic development was not included in the Statement of Purpose. Staff and the Attorney explained that the ordinance does not allow retention ponds because it is the most economical, but retention ponds are allowed because the City chooses to allow them. The purpose of the ordinance is to eliminate problems; the ordinance is not aimed economic development. Pre Council Minutes May 28, 2002 Page 3 IR 2002 -079 NIGHT Vickie Loftice presented recommendations form GREV V. OF HOLIDAY the Christmas Committee for the Night of MAGIC 2002 Holiday Magic 2002. Recommendations included • Holding the event the first Saturday in December of each year • Expand the event from 2 to 5 hours • Contingency plan for remote parking and shuttle buses to transport attendees to the event • Expand children's activities and locating all of children's activities under one large tent • Entertainment by a well -known Texas band and a "big name" entertainer or band. Councilman Welch inquired as to the amount budgeted for the event. He felt if the event is to become a signature event, a budget should be set. Councilman Welch felt the rental of passenger buses would be expensive and would like to explore other alternatives for shuttles. Councilman Welch suggested if other means of transportation could be found, the money designated for transportation could be placed into the activity fund. Mr. Vick advised the focus is to make Night of Holiday Magic a signature event for the City and estimated that the operation cost would be in the range of $50,000. Councilwoman Johnson questioned if a contingency plan would be in place in the event of bad weather. Ms. Loftice advised that a contingency plan would be in place. Additionally, to protect the City's investment, an insurance policy will be purchased that would reimburse a portion of cost. Mayor Scoma expressed concerns with the fireworks if wind became a factor. Staff advised they will be working closely with the company in charge of the fireworks display. Council was in favor of making the event a Pre Council Minutes May 28, 2002 Page 4 signature event and supported the recommendations presented. IR 2002 -078 Mr. Pitstick presented to Council a power point JOHN P / STEVE N. CONSIDER presentation of recommended changes to the CHANGES TO SIGN Sign Ordinance. Council expressed the ORDINANCE following concerns with the proposed changes: • Temporary portable signs — would like to explore allowing more than 10 days once per year; possibly twice a year for ten days. • Address window advertising signs • Review political sign regulations. Staff will address the concerns expressed by Council and bring back further recommendations. IR 2002 -080 Mr. Cunningham reminded the Council to submit NAN RECEIVE NAMES their names for the Long Range Capital Study FOR THE LONG Committee. Staff would like to bring an action RANGE CAPITAL item to the Council in June for appointments to STUDY the committee. COMMITTEE IR 2002 -077 The City Secretary advised that the canvass for NAN CANVASSING OF the June 1, 2002 Mayoral Run -off election will MAYORAL RUN- be held on June 4, 2002 at 6:00 p.m. OFF ELECTION Pre Council Minutes May 28, 2002 Page 5 ADJOURNMENT Mayor Scoma announced at 6:31 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.072 for the 820 expansion (Recreation Center and Tennis Center). Mayor Scoma announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting. Oscar Trevino — Mayor ATTEST: Patricia Hutson — City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — MAY 28, 2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order May 13, 2002 at 7:00 p.m. ROLL CALL Present: Charles Scoma T. Oscar Trevino, Jr Lyle E. Welch Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Troop Leader Lisa Juren and Girl Scout Troop 1262 gave the invocation. 3. PLEDGE OF ALLEGIANCE Girl Scout Troop 1262 led the pledge of allegiance. 4. SPECIAL PRESENTATIONS YARDS OF THE MONTH The following were recognized for receiving the. May 2002 "Yard of the Month" awards: Donna & Paul Murphy, 6621 Briley; Whitney & Johanna Bevill, 7320 Briley; Don & Lorraine Wisdom, 6008 Iron Horse; Frank & Kathie Dale, 7305 Redhawk Court; Maria City Council Minutes May 28, 2002 Page 2 Spencer, 6120 Shady Cove Court; Helena Gundiff, 6721 Mabell Street; John & Sandra Oliver, 8955 Boca Raton; Sheryl Arnold, 7613 Chasewood; Sean & Renee Casey, 8553 Steepleridge. Lynn Taylor and Janet Kuenanz, 7516 Red Oak, were recognized for receiving the "Texas SmartScape of the Month" award. None. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SPECIAL COUNCIL MEETING MAY 7, 2002 B. MINUTES OF THE PRE - COUNCIL MEETING MAY 13, 2002 C. MINUTES OF THE COUNCIL MEETING MAY 13, 2002 D. GN 2002 -048 APPOINTING ELECTION JUDGE FOR RUN -OFF ELECTION AT BURSEY ROAD SENIOR CENTER POLLING LOCATION - RESOLUTION NO. 2002 -041 E. GN 2002 -049 AMENDING SECTION 2 -23 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CONFORMING IT TO STATE LAW — ORDINANCE NO. 2623 F. GN 2002 -052 AUTHORIZATION TO PARTICIPATE IN THE CITY OF HURST CONTRACT FOR THE ANNUAL SLURRY SEAL APPLICATION PROGRAM — RESOLUTION NO. 2002-042 G. GN 2002 -53 TXU CITIES STANDING STEERING COMMITTEE PARTICIPATION AND PAYMENT AUTHORIZATION — RESOLUTION NO. 2002-044 H. PU 2002 -022 AWARD BID TO FORT WORTH FREIGHTLINER FOR CHASSIS MOUNTED POTHOLE PATCHER IN THE AMOUNT OF $87,995 COUNCILMAN WHITSON MOVED, SECONDED BY MAYOR PRO TEM TREVINO, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7 -0. City Council Minutes May 28, 2002 Page 3 7. PS 2001 -44 CONSIDERATION OF A REQUEST FROM S.T.S. CONSTRUCTION, INC. FOR THE APPROVAL OF THE FINAL PLAT OF WOODLAND ESTATES ADDITION (LOCATED IN THE 6700 BLOCK OF CRANE STREET; 17.70 ACRES) APPROVED Mr. Scott Schambacher, applicant, presented the request for approval of a final plat of Lots 1 -30, Block 1, Lots 1 -14, Block 2 Woodland Estates Addition. Previously the site was platted as Block 6 Nob Hill Addition and a street connection was proposed to future residential development north of the site. The site became landlocked because the street connection was not adopted by the developments to the north. The request before Council is to revise the existing plat by adding a public street connection to Crane Road. Mr. Pitstick, Director of Development, addressed the request as it relates to city ordinances and regulations. Mr. Pitstick advised that an oil company was located on the property at one time and that TNRCC and the EPA have been notified. Applicant will have to follow through with regulations of TNRCC and the EPA. At this time, the City has not received any indications that there are environmental problems on the property. Mr. Pitstick advised that the Planning & Zoning Commission approved request with the stipulation that no building permits be issued until developer has received official notification documents from the TNRCC indicating the site's environmental issues have been resolved. Mr. Pitstick advised that the City Attorney has advised that stipulations can not be placed on the plat and that the conditions placed on the plat by the Planning & Zoning Commission can not be a condition of the plat. The Council discussed environmental concerns on the property and questioned the drainage issues identified by Staff. Staff advised Council that drainage issues would have to be resolved before any building permits would be issued. COUNCILMAN TOLBERT MOVED TO APPROVE PS 200144. COUNCILMAN METTS SECONDED THE MOTION. Councilman Tolbert commented that there be an understanding that no building permit be issued on any of the lots until the drainage issue is completely resolved to the satisfaction of Public Works. The Public Works Director was asked to double efforts with TNRCC to obtain further information on environmental issues associated with the property and to obtain water - samples draining from the property into city streets and storm sewers. City Council Minutes May 28, 2002 Page 4 Motion to approve carried 7 -0. 8. PS 2002 -20 CONSIDERATION OF A REQUEST FROM REBEL PROPERTIES II LTD. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 & 2, BLOCK 1 AND LOTS 1 & 2, BLOCK 2, BROWNING INDUSTRIAL PARK ADDITION (LOCATED IN THE 6300 BLOCK OF BROWNING DRIVE; 9.40 ACRES) APPROVED Mr. Mark Wood, 6317 Riviera Drive, representing Rebel Properties, presented request for approval of the final plat and responded to questions from Council. Council questioned if Collins Court would be stubbed out or if it would connect with an existing street. Mr. Wood advised council that depending on the type of development it would either be a cul -de -sac or continued. If development goes as planned, the street will ultimately tie into Browning Court. Should development plans change, the street could be a cul -de- sac. Mr. Pitstick, Director of Development, addressed the plat as it relates to City ordinances and regulations. The Planning and Zoning Commission recommended approval of PS 2002 -20. COUNCILMAN TOLBERT MOVED TO APPROVE PS 2002 -20. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7 -0. 9. CONSIDEATION OF A REQUEST FROM REBEL PROPERTIES III LTD. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 -13, BLOCK 1, LOTS 1 -22, BLOCK 2, AND LOT 1, BLOCK 3, GLENWYCK VILLAGE ADDITION (LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE; 7.28 ACRES) APPROVED Mr. Mark Wood, 6317 Riviera Drive, representing Rebel Properties III Ltd., presented the request for a final plat of Lots 1 -13, Block 1, Lots 1 -22, Block 2 and Lot 1, Block 3, Glenwyck Villas Addition. The purpose of the plat is for a residential subdivision development. - City Council Minutes May 28, 2002 Page 5 Mr. Pitstick presented the request as it relates to city ordinances and regulations. Council was advised that the developers of this property purchased a portion of land (shown as Lots 14 -17, Block 1 on approved preliminary plat) owned by Charity Church. for inclusion with this subdivision. The church's property is already part of an existing plat (Lot 1, Block 3 Nortex Addition). The applicant has included the remainder of the Church's property with the Glenwyck Villas Final Plat as Lot 18, Block 1 to clarify any confusion that might be associated with the plat. Mr. Pitstick further explained that the replatting of Lot 1, Block 3, Nortex Addition into Lots 14 -18, Block 1, Glenwyck Villas Addition is increasing the number of residential lots approved by the original Nortex Addition. State law requires a public hearing in situations where a replat of an existing residential subdivision increases the number of lots from the original plat. The situation was not discovered until after the Planning & Zoning meeting. Staff is therefore recommending approval of final plat less and except Lots 14 -18, Block 1. A public hearing will be advertised for the approval of Lots 14 -18 and that portion of final plat will be brought before Council at the June 10 meeting. COUNCILWOMAN JOHNSON MOVED TO APPROVE PS 2002 -21 WITH THE STIPULATION THAT THE PARKLAND DEDICATION FEE BE ELIMINATED. MOTION DIED DUE TO LACK OF SECOND. COUNCILMAN TOLBERT MOVED TO APPROVE PS 2002-21 FINAL PLAT OF LOTS 1 -13, BLOCK 1, LOTS 1 -22, BLOCK 2, AND LOT 1, BLOCK 3, GLENWYCK VILLAS ADDITION AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION AND THAT LOTS 14 -18, BLOCK 1 BE ADVERTISED FOR A PUBLIC HEARING AND CONSIDERATION ON JUNE 10, 2002. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7 -0. 10. PZ 2002 -04 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT (SUP) REQUEST FROM VINCENT JARRARD OF EDG ARCHITECTS FOR A CAR WASH IN A C -2 COMMERCIAL DISTRICT (LOCATED AT 6450 AND 6500 RUFE SNOW DRIVE; 1.6 ACRES) — ORDINANCE NO. 2621 APPROVED Mr. Vincent Jarrard, EDG Architects, representing the property owner, Davillino Properties, Ltd, presented the request for a special use permit for the construction of an automatic and self -serve car wash facility. Council questioned and discussed the operating hours of the facility, exterior lighting, access to the facility, signage, and footing of the wood fencing. City Council Minutes May 28, 2002 Page 6 Mr. Pitstick advised Council that the Planning and Zoning Commission voted approval of request with the stipulation that the applicant construct an 8 -foot stained, cedar wood fence (with cap) along the entire east boundary of the site. Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. COUNCILMAN TOLBERT MOVED TO APPROVE PZ 2002 -04 A SPECIAL USE PERMIT FOR A CAR WASH WITH THE FOLLOWING CONDITIONS: 8 FOOT STAINED CEDAR WOOD FENCE WITH CAP ON THE TOP AND THAT SOME MECHANISM BE USED SO THE FENCE IS NOT TOUCHING THE GROUND, HOURS OF OPERATION BE LIMITED TO 7:00 AM - 10:00 PM, AND THAT THERE BE ONE MONUMENT SIGN (BUT THE APPLICANT BE ALLOWED TO KEEP THE CURRENT 12 -FOOT SIGN). COUNCILWOMAN .JOHNSON SECONDED THE MOTION. Motion to approve carried 7 -0. 11. PZ 2002 -10 CONSIDERATION OF A SITE PLAN APPROVAL REQUEST FOR NORTHEAST TARRANT BAPTIST CHURCH (LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD; 6.245 ACRES) APPROVED Mr. Johnny Bernstein, Pastor of Northeast Tarrant Baptist Church, presented request for a site plan approval of Northeast Tarrant Baptist Church located in the 7000 block of Smithfield Road. Mr. Pitstick presented the request as it relates to City ordinances and regulations. The Planning and Zoning Commission recommended approval of PZ 2002 -10. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE PZ 2002 -10. Motion to approve carried 7 -0. 12. GN 2002 -050 APPOINTMENT TO PLACE 2 ON THE PLANNING & ZONING COMMISSION & CAPITAL IMPROVEMENT ADVISORY COMMITTEE. APPROVED City Council Minutes May 28, 2002 Page 7 COUNCILMAN TURNAGE MOVED TO APPOINT WILLIAM SCHOPPER TO PLACE 2 ON THE PLANNING & ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE TERM EXPIRING JUNE 30, 2002. COUNCILMAN TREVINO SECONDED THE MOTION. Motion to approve carried 7 -0. 13. GN 2002 -051 APPOINTMENT TO PLACE 4 ON THE PARK & RECREATION BOARD APPROVED COUNCILWOMAN JOHNSON MOVED TO APPOINT MARLIN MILLER TO PLACE 4 ON THE PARK & RECREATION BOARD TERM EXPIRING JUNE 30, 2002. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7 -0. 14. GN 2002 -054 AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE MUNICIPAL COURT OF RECORD NO. OF THE CITY OF NORTH RICHLAND HILLS AND ESTABLISHING A SALARY FOR SUCH TERM - ORDINANCE NO. 2622 APPROVED City Attorney Staples advised council that Ordinance No. 2622 appoints the Judge and alternate judges for Municipal Court and sets the minimum salary for the judge as required by state law. COUNCILMAN METTS MOVED TO APPROVE GN 2002 -054, ORDINANCE NO. 2622. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7 -0. 15. GN 2002 -055 RESOLUTION GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2002 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY - RESOLUTION NO. 2002 -043 APPROVED City Council Minutes May 28, 2002 Page 8 Mr. Larry Koonce, Finance Director, advised council the City received a request from Tarrant County Housing Finance Corporation requesting approval of the resolution which will allow them to provide low interest loans benefiting first -time home buyers in the City. The program is administered by Tarrant County Housing Finance Corporation and the City will have no liability. Mr. Koonce outlined the terms that would apply to the homebuyers. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2002 -055, RESOLUTION NO. 2002 -043. COUNCILWOMAN .JOHNSON SECONDED THE MOTION. Motion to approve carried 7 -0. 16. GN 2002 -056 ADOPTION OF DETENTION /RETENTION POND ORDINANCE - ORDINANCE NO. 2624 APPROVED Mr. Mike Curtis, Public Works Director, explained the proposed ordinance. COUNCILMAN TOLBERT MOVED TO APPROVE GN 2002 -056, ORDINANCE NO. 2624. COUNCILMAN TREVINO SECONDED THE MOTION. Motion to approve carried 7 -0. None. 17. A) CITIZENS PRESENTATION B) INFORMATION AND REPORTS ANNOUNCEMENTS • Mayoral Run -off Election — Saturday, June 1St from 7:00 a.m. to 7:00 p.m. • Lotta Night Music Concert Series — Me and My Monkey performing on June 7 at Green Valley Park. Children over age of 6 can audition for the Missoula Children's Theatre production of Little Red Riding Hood. Theatre series will be held June 17 -22. City Council Minutes May 28, 2002 Page 9 City Council Minutes May 28, 2002 Page 10 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:03 pm. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/10/02 tatify Emergency Repairs in the Amount of $43,000 Agenda Number: GN 2002 -068 for Little Bear Creek Concrete Channel Liner (Gary Drive and Northfield Drive) During the recent heavy rainstorms, a section of concrete channel liner wall on Little Bear Creek collapsed. The location of the collapsed channel wall is near the intersection of Gary Drive and Northfield Drive. Since the concrete channel wall has collapsed, a major slope failure has occurred, affecting the drainage stream and the adjoining private property located at 8540 Gary Drive. The erosion and slope failure continues to move closer to the resident's swimming pool and the house at 8540 Gary Drive. The Public Works Department has attempted to contain the slope failure, but our crews do not have the equipment or the skill necessary to handle a major slope failure such as this. Staff contacted a consultant, CMJ Engineering, Inc. (a geotechnical engineering firm), to review the situation and to provide a plan to correct the problem, The consultant recommended repairs be made very quickly before more damages occur to the property at 8540 Gary Drive and to the drainage channel. Staff contacted Craig Olden, Inc., a company recommended by the consultant and who has done work for the City in the past. Craig Olden, Inc. visited the site and has agreed to install a gabion slope to protect the drainage stream and the adjoining resident's property. The cost will be $43,000.00, which is less than the amount estimated by staff. Due to the urgency of the situation, staff has accepted the proposal by Craig Olden, Inc. Their work on past projects (i.e., Walkers Branch, gabions on the golf course) has met all specifications and was completed in a timely manner. Sufficient funds are available for this project. Recommendation: Ratify proposal from Craig Olden, Inc. in the 'amount of $43,000 for the emergency repairs on Little Bear Creek channel liner. Source of Funds: Bonds (GO /Rev.) Operating Budget Other S artme Head Signature Finance Review Account Number 001 - 6003 - 553.43 -45 Sufficient Funds AvVaijawe C Finance Director Budget Director Page 1 of _ Craig Olden, Inc.® Specialists in the Design and Of Earth Retention Su, City of North Richland Hills Public Works Department 7301 NE Loop 820 North Richland Hills, Texas 76180 Phone 817127- -6400 Fax 817427 -6444 Attention: Mc Jimmy Cates RE: Slope Fail= at Gary and Northfield Streets North Richland Hills, Texas RFQ N 3805 Dear Mr. Cates: We appreciate the opportunity to work with you and quote complete a notes listed below, and in accordance with the typical section dated. Olden Professional Services, L.P., the following work at the above refo� Approximately 120 LF of gabion slope protection including removal and replacement of failed embankment, furnishing of additional 1111 as required, furnish and install drain system and all other incidental work as required. NOTES. 1- All permits, if required, shall be secured and paid for by others. 2. No performance and payment bonds air included. 3. Establishment ofvegetWon or mrfShan be by others. 4. Replacement of fence shall be by others, 5. COINC shall furnish valid certificates of inswanco evidencing liability, worker's enmpensation and umbrella covorage, prior to oc atrablt 01 ~ A 6 Jture 3, 2002 in- place, subject to the e 3, 2002 prepared by ed site: $43,000.00 liability, auto Ig work. 6. Payments shall be due in full within 20 days of race' Prior to or at the time of receipt of each Payment of invoi for completed work. affidavit of bills accrued P yment, COINC 1 famish a notarized and waiver of lien. COINC conjunction with the subjec t project that are paid FU' Box $000 • Little Elm, Texas 75068 • Dallas 972 / 294 -5000 • i. 80o•G,ggrONS •FAX /294 -2664 • wwwgabion.corn 7. WARRANTY — COINC will warmt that the referenced a in materials and workmanship for a period of one (1) year This warranty will be in lieu of all other warranties, whetbe limitation, any warranty of merchantability or 5t ess for a 1 sole remedy for it breach of the warranty will be the replacen materials or workmanship and in no event will CC) be Ii dmnages. To the fullest extent Pamitted by law, Own" or anyone claiming by; through or under the Own, indirect or consequential damages. whatsoever arising out c way related to the project including. but not limited to a negligence, broach of contract or breach of express total liability in the aggregate of COINC to wner and iml under owner for any and all claims, losses, cost of darns resulting from or in any way rotated to the damages total compensation received by COINC under this a this agrr agreement. 8• This Proposal good for 30 days frorn date of proposal. June 3, 2002 Page 2 of 2 rk will be free from defects om the date of final bi1Wg. "Press or implied, without rtieular purpose. COINC's nt or repair of the defective 110 for any consequential or ZINC shall not be liable to for any special, incidental, or resulting from or in any such damages caused by ied warranty. Further, the ac claiming by, through or hatsoever arising out of or went shall not exceed the 9. This Proposal contingent upon ac Part of the contract documents. In the tract documen and shall be attached as and the proposal, the terms and conditions ofthe betty n the contract documents Proposal shall ve precedence. CRAIG OLDEN, President- r W z w S \ W C Xx\\ \ L6 c . \\ \ In LLJ O \ z � Q im ti W CL Qq A JO W W q O (7 O H W z z o U � W z m z U M O X CL dpw O cd 0 / o N y Q r� z c4 U D w 0 x H d �m O Z W LU w 00 7 UN W O Q � Q 2 2 N U ~ W AL o w C7 2 z w z T U U pz U P N }X W W' a a 0 ir a 'v i r w it IU z w W 0 Q z W _0 U C� d LL z 0 z R z J� LI LO rzl UUJ iL W U W h Z LL Q 8 CL Z ~ Se N � s a a W: z O f1J < O ir CL � a °I J 4 ,a w c 4 CO) w 0 J O CITY OF NORTH RICHLAND HILLS r �,. Department: Public Works Council Meeting Date: 6/10/02 Subject: Resolution No. 2002 -051 Agenda Number: GN 2002 -069 A 15 -foot utility easement currently exists on the west side of Lot 1, Block 3, Medowview Estates. Five (5) feet of the house encroaches into the easement. The owner of the property is requesting the City release 7.5 feet of the 15 -foot easement. The City does not have utilities in this easement, and does not anticipate using the easement in the future. All other utility companies have been contacted, and have indicated that they have no problem in releasing 7.5 feet of this 15-foot easement. Recommendation: Staff recommends Council approve Resolution No. 2002 -051, and authorize the partial release of easement. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget Other Finance Director . A. Budget Director Page 1 of _ RESOLUTION NO. 2002 -051 WHEREAS, the City of North Richland Hills, Texas is the owner of a 15 -foot Utility Easement located on the west side Lot 1, Block 3, Meadowview Estates Addition, an addition in the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388 -99, Page 59, Deed Records of Tarrant County, Texas; and WHEREAS, Tracey Courtney Barrett Smith, the owner of said Lot 1, Block 3, Meadowview Estates Addition, has requested a release of the easement; and WHEREAS, the City has no active water or sewer main within the above - described easement and has no current or future need for such easement; and WHEREAS, the City Council finds that such release should be granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby authorized to execute a Partial Release of Easement in favor of the owner of Lot 1, Block 3, Meadowview Estates Addition to the City of North Richland Hills, Tarrant County, Texas. PASSED AND APPROVED, this the 10th day of June, 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City CITY OF NORTH RICHLAND HILLS, TEXAS REQUEST FOR RELEASE OF EASEMENT `��tk am the current owner and responsibl"arty for the property located at P-AA , also described as im�o��v= Utet'G ��oqPS Addition, Lot ( , Block_ . I am hereby requesting the release of a previously dedicated easement. The proposed release is more particularly described as follows: (describe the improvements by size, material, location and intended purpose) Approved as submitted aApproved as 6� Approved as � submitted F1Approved as noted . S' --2 No Richland ills Property Owner �,(f0Ak1ZV*0 L-qj srn /77t - Representative (Print Name) Printed a ( y c /r�Ar`,o2 . IE�2L Z 97 sal_F05S 0 Date Telephone SignatlIrt outhwe tern Bell Telephone Approved as �l x Utili Al (�- ,�gGe,1N submitted C'V :ed Representative (Print Name) Auth d epresentativi �_ Approved as (1 noted Title x/7 33 %626 51,2a02- 8176;.* 6Di0 FOApproved as Cabe Company ( Approved as �.. )14\11 x Utill- t 1� submitted S Auth zed, R presen five (Print me) A/u,� nF d present 've F] Approved as U,+j d,�r�0i a Approved as v�7 (r Q �� noted Title note Titi 5,R9-rA 5St-I SCR 12ya )(655 Wo�n1V15 %0 02 �7 Date Telephone Signature Dam Telephone Signature .0. C) PW 21 ease.xis 00e v v v �i y�V tl�� Ci II Q°y r � %Jd s 0 �I w � � \ h 74, 13 ' I I ota I t0' '05, to ' ti ti I 1�nr � ferry NcNfe 4' 414-1 Hof.; rot, IC43 %��, lo' 0 �i r • `.o' Iof9 192,4 I jI i Gila, Ll 4 ` , :tip+ /o? f}sa vwrC 8533 E LL IS D ' R I V PLAT lit' Ji' ,4sPhalt ✓rcCV.�Ji LOT 1, :3LOCK 3, IIEADO.'JVIE''J hSTAT"S, AN ADDITION TO THE CITY OF NORTli RICHLAND BILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT Rl-'COP:)PD IN VOLUME' 383 -99, PAGE 59, PLAT RECORDS, TARRANT COUNTY' T r'.? {AS 3 SCALE T ' ?O' LEGEND LOYD BRANSOM SURVEYORS INC. IRON PIN or CHARLES B HOOKS JR. p P,Pf REGISTERED PROFESSIONAL LANG SURVEYOR A 90*DAPrs7AK: lU2A NORTH SYLVANIA AVE . J '� • FT WORTH TEXAS 76111 0 CONCRE`[ r�oN l C I. HOOKS, gyp, 834 -3477 ' . a + ?�NEP �,hE + UU riFREkTr CEN'T+Fr THAT THIS MAP TRUE AND COIMQCT AS SURVEYED ON THE GROUND AND fHf11E ARE NO EgIitMEMTS 0!k —T -T— ! ELf.PNONk:­Nk rr� ENCROACHMENTS vq LE. 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CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 6/10/2002 Subject: Authorize Contract Extension with Badger Meter, Inc. Agenda Number: PU 2002 -023 Resolution No. 2002 -048 Since 1992 the City has been replacing the old standard water meters with Badger telemetric meters. The purchase of water meters is required to replace non- working meters and for installation in new construction areas. As a result of the conversion the Badger meter is the only unit compatible with the system. At the June 12, 2000 meeting, Council authorized a two -year contract with Badger Meter that will expire on June 30, 2002. Badger Meter has offered to extend the contract an additional year at the current contract pricing. The City's price for meters and telemetric devices have not increased since 1 998. Attached is a list of these prices. Recommendation: To authorize the one -year contract with Badger Meter, Inc. to supply water meters and telemetric devices and pass Resolution No. 2002- 048 authorizing the City Manager to execute the contract. Source of Funds: Bonds (GO /Rev.) Operating Budget Other AP Deoartment Head Siqnature Finance Review Account liurrjber 405 =6004- 712.74 -30 Manager Director Director PaaP 1 of 1 RESOLUTION NO. 2002 -048 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with BADGER METER, INC. for the annual contract to supply telemetric water meters, as the act and deed of the City. PASSED AND APPROVED this 10th day of June 2002. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance Badger Telemetric Meter Contract Prices 2002/2003 Price 3/4" Transponder & Meter $149.19 1" Transponder & Meter $195.96 1 1/2" Transponder & Meter $326.23 2" Transponder & Meter $402.15 3/4" Transponder Only $124.70 1" Transponder Only $124.70 1 1/2" Transponder Only $147.35 2" Transponder Only $147.35 CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 6/10/2002 subject: Authorize Contract Extension for Miscellaneous Concrete Agenda Number: PU 2002 -024 Improvements to Barbara's Concrete - Resolution No. 2002 -047 In the 2001/2002 approved budget, Council appropriated funds for miscellaneous concrete improvements. Formal bids were solicited for a contract to provide these services and at the June 12, 2000 meeting, Council awarded a two -year contract to Barbara's Concrete. Bidders were requested to submit bids on removing and replacing estimated quantities of valley gutters, sidewalks, handicap ramps, curb and gutter and driveway approaches. The work will be ordered and completed on an as need basis. Barbara's Concrete has offered to extend the contract an additional year at the 2000 bid prices. They have been awarded this contract the last four years and have completed numerous projects for the City. Projects are completed to the specifications and completion schedules. The bid specifications and contract documents allow for a one -year contract extension if it is beneficial to the City. Recommendation: To award the contract for miscellaneous concrete improvements to Barbara's Concrete and pass Resolution No. 2002 -047 authorizing the City Manager to execute the contract. Finance Review 315- 6003 - 603.43 -45 Source of Funds: Account Number Bonds (GO /Rev.) Suffici unds Ai Operating Budget % Other Department Head Sianature 001 - 6003 - 553.43 -45 came Budget Director Finance Director `Manager SiJnaV6r6 pace 1 of RESOLUTION NO. 2002 -047 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Barbara's Concrete for miscellaneous concrete improvements, as the act and deed of the City. PASSED AND APPROVED this 10th day of June 2002. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: C��� kc�x �� Larry Ko ce, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 6/10/2002 Award Bid for the 2002 Miscellaneous Street Subgrade Agenda Number: PW 2002-008 Stabilization Project to TMD and Associates in the Amount of $88,316— Resolution No. 2002 -046 As part of the approved the 2002 Preventative Street Maintenance Program (PW 2002- 004), Council appropriated funds for the 2002 Miscellaneous Street Subgrade Stabilization Project. Formal bids were solicited for street excavation with lime stabilization for the following streets: Lowery Lane Turner Street to dead end Kirk Lane Amundson Road to Walter Road Birchwood Drive Davis Boulevard to Grapevine Highway Listed below are the bids received for this project. Base Bid Calendar Days Bid TMD & Associates $ 88,316 45 McClendon Construction Co. $ 98,250 45 Sutton & Associates $101,914 60 Reynolds Asphalt & Construction $123,582 35 The references provided by TMD stated the company completed projects according to specifications, were very willing to assist with citizen concerns and the crews performed in a professional manner. All the references checked were with other Cities and all commented they would use TMD and Associates again. The bid amount is also within the departments approved budget for this project. Recommendation: To award the contract for the 2002 Miscellaneous Street Subgrade Stabilization Project to TMD and Associates in the amount of $88,316 and pass Resolution No. 2002 -046 authorizing the City Manager to execute the contract. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Finance Review Account Number 315 - 6003 - 603.43 -45 Sufficien ds Available Budget Director PROP. 1 of 1 RESOLUTION NO. 2002 -046 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with TMD and Associates for the 2002 Miscellaneous Street Subgrade Stabilization Program, as the act and deed of the City. PASSED AND APPROVED this 10th day of June 2002. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koo ce, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/10/2002 Subject: Approve Final Pay Estimate in the Amount of Agenda Number: $3,246.35 to Roadway Solutions, Inc. for the Holiday Lane at Trinidad Drive Traffic Signal PAY 2002 -004 This project consisted of installing a traffic signal at the intersection of Holiday Lane and Trinidad Drive. The project was awarded by Council on September 24, 2002, PW 2001 -019, to Roadway Solutions, Inc. for $64,927.00. Final payment in the amount of $3,246.35 will make the contractor's total earnings on the project $64,927.00, which is the contract amount. The contractor completed this project on April 25, 2002 with all final adjustments having been made. Recommendation: To approve final payment in the amount of $3,246.35. Source of Funds: Bonds (GO /Rev.) Operating Budget Other 1-11 ctud Department Head Signature Finance Review Account Number 13 -23 -33 -6000 Sufficient Funds AVallaole 3ub- City Man -� Finance Director Budget Director U ' — Page 1 of _ wAY 5pI,L1TI0NS nvc. READ = RIL 25, 02 CITY OF NORTH RI ND HILLS HOLIDA LN AND TRINIDAD TRAFFIC SIGNAL ITEM DESCRIPTION UNIT QUANT PRICE WORK PERIOD WORK TO -DATE TOTAL mobilization EA 1 $ 5,000.00 0 1 $ 5,000.00 barricade MO 2 $ 900.00 0 2 $ 1,800.00 3" pvc trench LF 65 $ 6.50 0 65 $ 422.50 3" pvc bore LF 195 $ 15.50 0 195 $ 3,022.50 signal cable 1 c #6 bare LF 260 $ 0.50 0 260 $ 130.00 furnish /install power cable LF 40 $ 2.00 0 40 $ 80.00 furnish / install ty d pull box EA 4 $ 550.00 0 4 $ 2,200.00 electrical service on mast arm pole EA 1 $ 1,100.00 0 1 $ 1,100.00 cabinet foundation CY 1.8 $ 700.00 0 1.8 $ 1,260.00 pole foundation 30 -a LF 40 $ 135.00 0 40 $ 5,400.00 24" pavement marking ty 1 LF 85 $ 10.00 0 85 $ 850.00 24" pavement ty ii LF 85 $ 12.00 0 85 $ 1,020.00 surface prepare for 24" LF 85 $ 7.00 0 85 $ 595.00 install controller and cabinet EA 1 $ 12,000.00 0 1 $12,000.00 fur /install signal section EA 28 $ 125.00 0 28 $ 3,500.00 fur /inst ped signal EA 8 $ 235.00 0 8 $ 1,880.00 fur/ instl back plate 3 sec EA 6 $ 55.00 0 6 $ 330.00 fur/ instl back plate 5 sec EA 2 $ 60.00 0 2 $ 120.00 fur/ instl 16c #12 cable LF 330 $ 2.20 0 330 $ 726.00 fur/ instl loop detector cable LF 705 $ 1.20 0 705 $ 846.00 fur /instl pole 20' mast arm EA 2 $ 2,200.00 0 2 $ 4,400.00 fur /instl pole 28' mast arm EA 1 $ 2,300.00 0 1 $ 2,300.00 fur / instl pole 32' mast arm EA 1 $ 2,400.00 0 1 $ 2,400.00 fur/ instl loop detector LF 750 $ 5.00 0 750 $ 3,750.00 push buttons EA 8 $ 90.00 0 8 $ 720.00 opticom cable LF 95 $ 3.00 0 95 $ 285.00 optical detector bi dirct EA 2 $ 675.00 0 2 $ 1,350.00 phase selector EA 1 $ 2,900.00 0 1 $ 2,900.00 led green EA 8 $ 210.00 0 8 $ 1,680.00 led red EA 8 $ 100.00 0 8 $ 800.00 led green arrow EA 2 $ 130.00 0 2 $ 260.00 led ped section EA 8 $ 01 a, $ , 1,800.00 CONTRACT AMOUNT $ 64,927.00 WORK TO DATE $ 64,927.00 RETAINAGE $ - PREVIOUSE PAYMENTS $61,680.65 TOTAL DUE THIS INVOICE $ 3,246.35 PREPARED BY _ APPROVED ^D MAY 2� � 3 2D02 ID 11 2524 N. Stemmons Frwy. • Carrollton, TX 75006 • Offices 972.245.2244 • Fax: 972.245.2299 • CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/02 subject: Public hearing to consider a request from Rebel Properties Agenda Number: PS 2002 -21 III Ltd. for the approval of the Final Plat of Lots 14 -18, Block 1, Glenwyck Villas Addition located in the 6400 block of Glenview Drive (approx. 1.25 acres). Case Summary: Mark Wood representing Rebel Properties III Ltd. is requesting approval of the Final Plat of Lots 14 through 18, Block 1, Glenwyck Villas Addition. The purpose of the plat is to prepare the site fora residential subdivision development. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Council Action: The replatting of Lot 1, Block 3 of the Nortex Addition into Lots 14 -18, Block 1 of the Glenwyck Villas Addition increases the number of residential lots over that approved by the original Nortex Addition. In situations where a replat of an existing .residential subdivision increases the number of lots from the original plat state lay requires a public hearing and a 15 day notice to all property owners within 200 feet of these proposed additional lots before approving this portion of the final plat. [he City Council, at their May 28th meeting, approved all of the proposed Glenwyck Villas Addition plat except for Lots 14 -18, Block 1. Staff has advertised a public hearing for the approval of these lots per state law requirements (see attached notices). Current Zoning: The current zoning of the site is PD Planned Development for single family residential uses on minimum 5,400 square foot lots. The PD will need to be revised to approve the existing Charity Church. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed uses are consistent with the Plan. Utilities: No issues concerning the extension of utilities to the site have been identified. Flood or Drainage: No drainage issues have been identified for this portion of the Glenwyck Villas plat. Finance Review Source of Funds: Account Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other 'J"O" Department Head Signature PS 2002 -21 Glenwyck Villas CC Manager Finance Director Page 1 of 2 CITYOF NORTH RICHLAND HILLS Traffic/Access: All five lots will have access to proposed Glenwyck Drive. Lot 18 (Charity Church) also has access to Harmonson Road. Tree Preservation: No tree surveys or landscaping plans have been submitted to staff for review. to determine preservation status. This information will be provided during the permit process. PLANNING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on May 9, 2002, recommended approval of PS 2002 -21 (including Lots 14 -18, Block 1) by a vote of 6 -0. RECOMMENDATION: To approve the Final Plat of Lots 14 -18, Block 1, Glenwyck Villas Addition. CITY COUNCIL ACTION ITEM 2 I 2 1 _ 3 3 4 4 5 6 TR 6 TR TR TR T ' ^'a TR A3 7 7 2B1 2B2 263 2 =2 2 8 2$3%m 8 9 9 10 10 11 J 11 TR 2E4A >- TR 2F1A W TR 2E48 Z TR 2F18 TR 2E4C TR 2E3 _'Diced 1B g 1R 10R P TR 2F2 .' �:':'':� 2 In 1 3 TR 201 N TR 2G3 4 TR 205 19A n TR 2E4E 2A TR 2E4F TR 2FIF TR 2F1 ❑ 18B 30 2B 5 I R >~ 18A R 3 29 Y 17 2 . u• IL 11• W 3R !! 8R R —i 17A 4R a CD ,,. ,,. a- 9 16R E 3 ¢ R 4R K 7R z Q „ • R 5R� C' „■ _ v� ,1• 4 4 III 15R� "' - 6 P G R „• � u• 5 . 14R p 562Cj 1 TOWNE RK OR „ 7R 71 s• a .f , 13R, S 8R 9R ;10R _d 1R a 12R 7 • 115 M n a ,17 4! TR 2E3 _'Diced TR 2E4D TR 2F1C TR 2F2 .' �:':'':� 2 3 TR 201 N TR 2G3 4 TR 205 TR 2GG TR 2F1D TR 2E4E TR 2F 1 E TR 2E4F TR 2FIF TR 2F1 rA iR � to 4 TR 2AAbtf9 i� °o FRl 2F 1 ( TR 2F2 :: :1:'' 2 3 20TR 1 on m 5A I 1 { 26 AK TR 134 TR TR 203 205 2GG o PERKINS MpMp RA Y AppN f12 TR TR TR TR TR TR TR TR TR TR TR TR TR 3� 1 2JG 2J7 2J8 2K1 2K2 2K3 2K4 2K5 2K 2K7 2L1 2L2 2L3 ,747 AC 1 ` Public Hearing Notice ~ Request to replat Lot 1, Block 3 Nortex Addition 5 34 33 32 31 30 29 to Lots 14 -18, Block 1 Glenwyck Villas Addition ; 15 14 6�0o ONYX DR N o � 10 45 2 1 3�oa 2 1 29 9 8 TR 2L4A I TR 2L 13 1 121 3 4 30 5 6 29 28 TR 2L4A I TR 2L 13 1 121 PS 2002 -21 CONSIDERATION OF A REQUEST FROM REBEL PROPERTIES II LTD. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 -18, BLOCK 1, AND LOTS 1 -22, BLOCK 2, GLENWYCK VILLAS ADDITION LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE (8.53 ACRES). Planner Dave Green explained that there was a planned development approved on this site last year as well as a preliminary plat approved more recently. This is the final plat for the site. The first change from the preliminary plat and PD involve drainage. Originally, Lot 22 was designated as a common space to be used as drainage detention. The applicants' engineer has obtained some drainage easements in a different portion of the plat that alleviates the need for Lot 22 to be drainage detention so that lot will be used for residential development. The second change is that Lot 18 was not included on the preliminary plat or the PD. That oversight is being corrected at this time. The third change is that Lots 14 to 17 of Block 1 were originally platted as an individual lot in a different subdivision. The applicants obtained those lots and included them, along with Lot 18, with this plat. This use is consistent with the Comprehensive Plan. Staff recommends approval. Mr. Welch asked if the development will have a homeowners association. Mr. Green stated that an HOA was required by Council for the maintenance of the common areas, as well as the maintenance of the fencing along the common western boundary. There were no other questions and the Chairman called for a motion. Mr. Welch, seconded by Mr. Tucker, motioned to approve PS 2002 -21. The motion was approved unanimously (6 -0). Chairman Bowen complimented the developer for being able to get rid of the detention pond. NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PS 2002 -21 6517 Harmonson Road Lot 1, Block 3 Nortex Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearing: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Rebel Properties III Ltd. to replat the existing Lot 1, Block 3 Nortex Addition into four residential lots and one lot for the existing Charity Church of North Richland Hills. The proposed replat will be known as Lots 14 -18, Block 1 of the Glenwyck Villas Addition. Public Hearing Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, JUNE 10, 2002 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 Charity Baptist Church 6517 Harmonson Rd. Fort Worth, TX 76180 Downer, Bryan Etuz Nansii A. 6521 Harmonson Rd. Fort Worth, TX 76180 Dowdy, Bobby Joe 6525 Harmonson Rd. Fort Worth, TX 76180 NOTICE OF PUBLIC HEARING FOR THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS Notice is hereby given to all interested persons that the City Council of the City of North Richland Hills, Texas will meet on Monday, June 10, 2002 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas. The following item will be considered: PS 2002 -21 Rebel Properties III Ltd Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Rebel Properties III Ltd. to replat the existing Lot 1, Block 3 Nortex Addition into four residential lots and one lot for the existing Charity Church of North Richland Hills. The proposed replat will be known as Lots 14 -18, Block 1 of the Glenwyck Villas Addition. { CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/02 Subject: Consideration of the request from Ernest Hedgcoth for the Agenda Number: PS 2002 -22 approval of the Final Plat of Lot 2 -R1, Block 5, Richland Oaks Addition located at 8725 Airport Freeway (1.979 acres) Case Summary: Ernest Hedgcoth, on behalf of the property owner, is requesting approval of the Final Plat of Lot 2 -R1, Block 5 of the Richland Oaks Addition. This replat combines an existing lot with an adjacent unplatted tract. The existing lot contains a two -story office building currently occupied by Pharmacare /CVS. The unplatted tract is currently vacant but will be utilized by CVS for expanded employee parking to serve their current operations. This replat will allow the office and parking to be situated on the same lot. The Planning and Zoning Commission approved the Preliminary Plat for this addition on March 28th and the Final Plat on May 23�d The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo concerning this plat from the Public Works Department. Current Zoning: The current zoning of the site is C -1 Commercial. Comprehensive Plan: The Comprehensive Plan indicates office uses for this area. The proposed use is consistent with the Plan as it combines an existing office building with expanded commercial parking facilities. Right Of Way: No additional street ROW is required for this development. Utilities: No issues concerning the extension of utilities to the site have been identified. Flood or Drainage: No portion of this lot is located within the 100 -year floodplain. No drainage issues have been identified by staff. Traffic /Access: Access to this proposed lot is by an existing access easement from the west- bound Airport Freeway service road. Tree Preservation: The undeveloped portion of this site (future expanded parking) does not exhibit any substantial foliage. Development of the parking lot expansion will require the Source of Funds: Bonds (GO/Rev.) Operating Budget Other Department Head Signature PS 2002 -22 Richland Oaks Addition CC Finance Review Account Number Sufficient Funds AVallable Finance Director Page l of 2 r o CITYOF NORTH RICHLAND HILLS applicant to adhere to parking lot landscaping requirements of the Landscape Ordinance. Parkland Dedication Fee. Subdivision replats are not subject to park fees. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission at their meeting on May 23, 2002, recommended approval of PS 2002 -22 by a vote of 6.0. RECOMMENDATION: To approve PS 2002 -22 a Final Plat of Lot 2 -R1 Block 5, Richland Oaks Addition. CITY COUNCIL ACTION ITEM om8w, SHM Ny�j NRH CITY OF NORTH RICHLAND HILLS MEMO TO: Dave Green, Planner FROM: Andrear Jobe, EFT, Engineer Associate RE: RICHLAND OAKS ADDITION BLOCK 5, LOT 2R1 Public Works / Administration May 7, 2002 Alt comments on the Final Plat review memo that was addressed -to Dave Green have been sufficiently addressed by the resubmittal on April 25, 2002. Public Works recommends that it be pint on the next P &Z agenda. nt"W6MI.M. INr n A h4 r • rea R. Jobe, ARJ /pwm2002 -054 M. Mike Curtis, P. E., Public Works Director P.O. Box 820609 * North Richland Hills, Texas 76182 -0609 7301 Northeast Loop 820 * (817) 427 -6400 * Fax (817) 427 -6404 PS 2002 -22 CONSIDERATION OF A REQUEST FROM ERNEST HEDGCOTH FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2 -R1, BLOCK 5, OF THE RICHLAND OAKS ADDITION LOCATED AT 8725 AIRPORT FREEWAY. (1.979 ACRES) APPROVED Planner Dave Green summarized the case. This site is located on the north side of Airport Freeway along the service road just to the west of Precinct Line Road. This request combines a platted lot with an unplatted tract. The platted site has an occupied 2 -story office building. The unplatted tract will provide an expanded parking area for the office building users. Staff recommends approval. There were no questions or comments and the Chairman called for a motion. Mr. Tucker, seconded by Don Pultz, motioned to approve PS 2002 -22. The motion was approved unanimously (6 -0). W CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/2002 Subject: Consider Adoption of 2000 International Fire Code Agenda Number: GN 2002 -059 Ordinance No. 2625 CASE SUMMARY: In a continuing effort to update our existing codes, Staff brings forth consideration of the 2000 International Fire Code. NRH has most recently adopted the 2000 International Residential Code, Fuel Gas Code, Plumbing Code, Mechanical Code, and the 1999 National Electrical Code. This action follows suit with surrounding communities who are also moving towards the completed adoption of the 2000 International Codes. In July of 2001, Council approved a Technical Code Review Committee consisting of 7 members to review the new building codes, who concluded their meetings on May 20th, 2002. Due to the enormity of these code changes, and the education of staff and the construction industry, staff proposed to implement these code adoptions in phases. This is the last group of codes to be phased in during this process. 2000 International Fire Code This is the first publication of the 2000 IFC which was published as a joint effort by the International Conference of Building Officials (I.C.B.G.), Building Official and Code. Administrators International (B.O.C.A.), and the Southern Building Code Congress International (S.B.C.C.I). The three entities have formed to make up the International Code Council (I.C.C.) to produce a fire code that is uniform throughout the country. This code will replace the 1991 Uniform Fire Code (currently under ordinance) and will establish minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises.. Many requirements found in the 2000 International Fire Code correspond directly with the 2000 International Building Code. Staff has made every effort to insure that the two codes do not conflict with each other where subject matters overlap between the two codes. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Department Head Signature Finance Review Account Number Sufficient Funds Available City Manager Finance Director L) GN 2001- Page 1 of 2 r CITY OF NORTH RICHLAND HILLS The Technical Code Review Committee approved all but a fewW the recommended North Texas Council of Governments amendments to the International Fire Code. The committee found that the following changes should be made to the 2000 IFC and /or NTCOG Amendments to the 2000 IFC: 1) Modify definition of a high -rise building as a building having floors for human occupancy located more than 55 feet above fire department vehicle access. 2) Modified NTCOG amendment to allow a two -story 3 -plex or two -story 4 -plex to omit an automatic sprinkler system. 3) Modify the IFC to affirm the NTCOG amendment requiring sprinkler heads in all new AND existing spray booths and spray rooms. For the most part, the amendments are used to clarify code requirements for use in this geographic area and are typically being practiced today. The Technical Code Review Committee has met over the past several months and made a final recommendation at their May 20th, 2002, meeting. Recommendation: The Technical Code Review Committee voted 6-0 to recommend adoption of the 2000 International fire Code and Ordinance No. 2625. CITY COUNCIL ACTION ITEM Page 2 of 2 ORDINANCE NO. 2625 K AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS 4 AMENDING CHAPTER 10 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2000 EDITION OF THE 6 INTERNATIONAL FIRE CODE, AND THE 2002 SUPPLEMENT TO THE 2000 INTERNATIONAL FIRE CODE; PROVIDING AMENDMENTS TO 8 THE INTERNATIONAL FIRE CODE; REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND 10 EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND 12 DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN 14 NORTH RICHLAND HILLS; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; REPEALING 16 SECTIONS 10-43,10-44,10- 52,10- 53,10- 54,10- 56,10- 58,10- 59,10- 60,10 -61 & 10 -67, AND ALL OTHER ORDINANCES AND PARTS OF 18 ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY; AUTHORIZING PUBLICATION; AND PROVIDING AN 20 EFFECTIVE DATE. 22 WHEREAS, the North Richland Hills City Council desires to adopt the 2000 International Fire Code and the 2002 Supplement to the 2000 24 International Fire Code with amendments in order to better provide for the safety of its residents and their property; NOW, THEREFORE, 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH 28 RICHLAND HILLS, TEXAS: 30 Sectionl : THAT Section 10 -42 of the North Richland Hills Code of Ordinances be amended to read as follows: 32 "Sec. 1042. International Fire Code Adopted. 34 The documents, copies of which are on file in the office of the City Secretary of North 36 Richland Hills, marked and designated as the International Fire Code, including Appendix Chapters B and D (see International Fire Code, Section 101.2.1, 2000 edition), and 2002 38 Supplement to the 2000 International Fire Code, as published by the International Code Council, as amended by the recommended amendments of the North Central Texas 40 Council of Governments as further amended by the City of North Richland Hills, which amendments are also on file in the office of the CitySecretary, are hereby adopted as the 42 Fire Code of the City of North Richland Hills for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, 44 handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of 46 North Richland Hills, and providing for the issuance of permits for hazardous uses or W:\ NonhRieh6ndHiRs\ CxncraWrdinanm \lntlFmCo&20WVmion2.wpd 1 operations; and each and all of the regulations, provisions, conditions and terms of such 2 International Fire Code, 2000 edition, and 2002 Supplement to the 2000 International Fire Code published by the International Code Council, as amended by the recommended 4 amendments of the North Central Texas Council of Governments as further amended by the City of North Richland Hills, on file in the office of the City Secretary are hereby 6 referred to, adopted and made a part hereof, as if fully set forth in this ordinance." 8 Section 2. Sections 10 -43, 10 -44, 10 -52, 10 -53, 10 -54, 10 -56, 10 -57, 10 -58, 10 -59, 10- 60,10 -61 and 10 -67 of the North Richland Hills Code of Ordinances are 10 hereby repealed. All other ordinances conflicting with this ordinance are hereby repealed to the extent only of such conflict. Such ordinances with 12 conflicting provisions are hereby saved to the extent they do not conflict herewith. 14 Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, 16 for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council 18 hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or 20 more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 22 Section 4: Ordinances conflicting herewith are hereby repealed, but only to the extent 24 of such conflict; remaining portions of such ordinances are hereby saved from repeal to the extent they do not conflict herewith. 26 Section 5: Any person, firm, or corporation violating any provision of the Fire Code 28 herein adopted shall be deemed guilty of a misdemeanor and upon conviction fined in an amount not to exceed Two Thousand Dollars 30 ($2,000) for each such violation. Each day, a violation shall continue to exist shall constitute a separate offense punishable hereunder. Violations 32 may also be punished by civil penalties imposed after suit. The amount of such civil penalties shall be any amount up to the maximum allowed by 34 law. 36 Section 6: The City Secretary is hereby ordered and directed to cause the descriptive caption and penalty provisions of this ordinance to be published as an 38 alternative method of publication provided by law. 40 Section 7: This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full 42 force and effect immediately upon passage. 44 AND IT IS SO ORDAINED. -46 W:\ North% chhuidHilla\ GenerahOrdinamcs \1ntiFim<ode2OWVcnion2.wpd 2 PASSED AND ADOPTED this 10th day of June, 2002. 2 4 6 8 Lim CITY OF NORTH RICE LAND HILLS , Mayor 10 ATTEST: 12 14 Patricia Hutson, City Secretary 16 APPROVED AS TO FORM AND LEGALITY: IN 20 George A. Staples, Attorney w: uvon, xxni ,Mdls\c,a=anordin=avnfficCo&20Wvcnionx.wpa 3 North Richland Hills Amendments to North Central Texas Council of Governments Amendments to 2000 International Fire Code Section 101.1 Insert: City of North Richland Hills. Section 102.4, change to read as follows: 102.4 Application of building other codes. The design and construction of new structures shall comply with this code, and other codes as applicable ; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes Me brternwicnai Buil&ng Gode shall be made in accordance therewith. (Reason: Clarification of requirements and that the IFC also applies to new residential construction.) Section 102.6; change to read as follows: Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Section 109.3 Substitute: Any person who shall continue any work after being ordered to stop shall be deemed guilty of a misdemeanor punishable by a fine not exceeding $2,000.00. Section 111.4 Substitute: Any person who shall continue any work after being ordered to stop shall be deemed guilty of a misdemeanor punishable by a fine not exceeding $2,000.00. Section 202; add definitions to read as follows: HIGH -RISE BUILDING is a building having floors used for human occupancy located more than 55 feel (16,764 mm) above the lowest level of fire department vehicle access. Page 1 of 18 SELF - SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self - service basis. STANDBY PERSONNEL. Qualified fire service personnel. approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. (Reason: To provide definitions that do not exist in the code.) Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the code official in accordance with Section 105.6 prior to kindling a fire for recognized trench burns or open burning a- bert€rre. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Natural Resource Conservation Commission guidelines and/or restrictions. 2. State, Country or Local temporary or permanent bans on open burning, 3. Local written policies as established by the Code Official. Section 307.3; change to read as follows: 307.3 Location. The location for open burning other than recreational, fires shall not be less than §0 -300 feet (4-91 440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within -SA 300 feet (4.r-2-40 91 440) of any structure. (exceptions unchanged) Add Section 307 3.3 to read as follows: 307.3.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Section 307.4; change to read as follows: 307.4 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended by a person eighteen (18) years ofage or older until the l... {remainder of section unchanged }. Page 2 of 18 (Reason: Amendments to 307.2, 307.3, 307.3.3 and 307.4 better explain current requirements and recognize that jurisdictions have local established policies that best fit their environments.) Section 307.5, change to read as follows: 307.5 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One and two - family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. (Reason: To better explain protection options.) Section 307.5.1; change to read as follows: 307.5.1 Liquified- petroleum - gas - fueled cooking devices. When permitted as listed in the exceptions of Section 307.5. LP -gas burners having a LP -gas container with a water capacity greater than 2.5 pounds (1.14 kg) [nominal 1 pound (0.454 kg) LP -gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: One and two - family dwellings, and other residential occupancies when those residential occupancies are in compliance with Section 307.5 exception #2 may have containers with water capacity not greater than 20 pounds (9.08 kR) rnominal 1 pound (0.454 k) LP -eas ca aci (Reason: Clarification and defines container size residences are allowed.) Section 503.1.1; add the following sentence to the first paragraph: Except for single or two - family residences, the path of measurement shall be along a minimum of a ten feet (101 wide unobstructed pathway around the external walls of the structure (Reason: Recognizes that the hose lay provision can only be measured along a pathway that is wide enough for firefighter access.) Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6, Page 3 of 18 and an unobstructed vertical clearance of not less than 14 feet (4267 mm). Exception: Vertical clearance may be reduced provided such reduction does not impair access by fire gD12aratus and gpi2roved signs are installed and maintained indicating the established vertical clearance when approved Section 503.22; change to read as follows: 503.2.2 Authority. The code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. (Reason: Amendments to 503.2.1 and 503.2.2 recognize that the equipment now used in fire fighting is increasing in size. The code already recognizes that larger dimensions may be required under Section 503.2.2. The amendments are to standardize the dimensions for this area.) Section 503.3; change to read as follows: 503.3 Marking. Where reqttired by the eade effieial, apprOy Approved striping or, when allowed by the code official signs, or both, or other approved tie shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or natiees and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6 ") in width to show the boundaries of the lane The words "NO PARKING FIRE LANE" or'FIRE LANE NO PARKING" shall appear in four inch (,4 ") white letters at 25 feet intervals on the red border markings along both sides of the fire lanes Where a curb is available, the stripping shall be on the vertical face of the curb (2) Signs - shall read "NO PARKING FIRE LANE" or'FIRE LANE NO PARKING" and shall be 12" wide and 18" high Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet six inches (66 ") above finished grade Signs shall be spaced not more than fifty feet (50') Vart Signs may be installed on permanent buildings or walls or as approved by the Fire Chief. (Reason: Establishes a standard method of marking.) Section 503.4; change to read as follows: Page 4 of 18 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. (Reason: As originally worded, it implied that vehicles could be parked in the marked fire lane and not be in violation if the minimum width is still maintained. Current accepted enforcement practice is to require all of the marked fire lane to be maintained clear and unobstructed.) Section 503.6.1; Security Gates add. All primary emergency access points shall be equipped to operate with the Opticom gate opening system. The opener shall incorporate a fail -safe manual backup or an automatic release in the event of a failure of the electrical or mechanical system. Primary emergency access points shall be approved by the Fire Marshal. All secondary emergency access points shall be equipped with a Knox padlock. Existing security gates shall be upgraded to meet current code within 2 years. Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but regardless of when constructed not less than as specified in Table 704.1. When openings are required to be ... (remainder of section unchanged). (Reason: Provides standard minimum protection retroactively, but clarifies that this section is not to be used to reduce higher protection levels that were required when originally constructed.) Section 803.3.2 and Section 803.4.2, add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1 1 shall be limited to 50 percent of the wall area (Reason: This change allows an increase in wall coverage due to the presence of sprinklers.) Section 804.1.1; add a second exception to read as follows: Exceptions: 1. [existing exception unchanged 2. Trees shall not be prohibited inside private dwelling units of Group R -2 Occupancies. (Reason: Eliminates rule for private dwelling space.) Page 5 of 18 Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of accidental activations the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an appreved fire wateh-gLodd—by-personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watehes standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. (Reason: Gives Fire Chief more discretion. Requires adoption of definition amendment in Section 202.) - Section 902.1; add definition of "Fire Area" to read as follows: FIRE AREA. The agffeaate floor area enclosed and bounded by fire walls fire barriers exterior walls or fire- resistance -rated horizontal assemblies of a building. (Reason: Gives definition to a term used within Chapter 9.) Section 902.1; under "Standpipe, Types of definition, amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. (Reason: Corresponds with Section 905.2 recommended amendment.) Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade- offs ", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade -offs permitted by other requirements of this code. (Reason: Because 13R system trade -offs allowed in the International Codes compromise 13R intent of life safety, attic sprinklers regain some protection by minimizing likelihood of residential fire spreading through the attic space.) Page 6 of 18 Sections 903.21.1, 903.21.3 and 903.2.1.4, change to read as follows: 903.2.1.1 Group A -1. An automatic sprinkler system shall be provided eentaittiffig -- for Group A -1 eeetrpaney Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (I 1115 m4 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. 903.2.1.3 Group A -2. An automatic sprinkler system shall be provided eetthtirt4rtra for Group A -2 eeettpaney Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 903.2.1.4 Group A -3. An automatic sprinkler system shall be provide eentaittinra for Group A -3 eeettpartey Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas using exclusively as participant sports areas where the main floor is located at the same level as the level of exit discharge of the main entrance and exit. (Reason: Current wording implies that only the fire area needed to be sprinklered. This conflicts with the charging section, 903.2.1, which specifies the entire floor and all floors down to level of exit discharge are to be sprinklered.) Section 903.2.7; change to read as follows: 903.2.7 Group R -1. An automatic sprinkler system shall be provided throughout buildings with a Group R -1 fire area. Exceptions: 1. Where guestrooms are not located more than ilhn � one sto jy in height and the building contains less than 20 guest rooms gees&oer&has at least otte doet leading direetly exit eeeess that leads direetly to approved exits. 2. A residential sprinkler system installed in accordance with Section 903.3.1.2. shall be allowed in buildings, or portions thereof, Group -R -1. Page 7 of 18 Section 903.2.8; change to read as follows: 903.2.8 Group R -2. An automatic sprinkler system shall be provided throughout all buildings with a Group R -2 fire area where any of the following conditions apply: 1. The R -2 contains four or less units and is more than two stories in height: or, 2. The R -2 is located more than two stories one story in height, including basements; or 3. The building contains hang more than 16 dwelling units; or 4. The building contains fraternities and sororities with an occupant load of more than 10. Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2_ shall be permitted in building, or portions thereof, of Group R -2. (Reason: Reflects local enforcement practice.) Add Sections 903.2.10.2 and 903.2.10.3 to read as follows: 903.2.10.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 20,000 cubic feet (566 m3) shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 903.2.10.3 Self- service storage facility. An automatic sprinkler system shall be installed throughout all self - service storage facilities. Exception: One -story self - service storage facilities that have no interior corridors, with a one - hour fire barrier separation wall installed between every storage compartment. (Reason: Consistent with unamended IBC.) Section 903.2.12; amend 903.2.12.3 and add 903.2.12.4 and 903.2.12.5 as follows: 903.2.12.3 Buildings over 55 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant lead of 30 or more that is located 55 35 feet (16 -764 10 668 mm) or more above the lowest level of fire department vehicle access. Exception: 2. Open parking structures in compliance with Section 406.3 of the International Building Code. Page 8 of 18 Section 903.2.12; add 903.2.12.4, 903.2.12.5 and 903.2.12.6 as follows: 903.2.12.4 High -Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.12.5 Spray Booths and Rooms. New and existing spray booths and spra ijng rooms shall be protected by an approved automatic fire-extinguishing system Section 903.3.1.1.1; Exempt locations. When approved by the code official, automatic Atrtematie sprinklers shall not be required in the following rooms or areas where such... {bulk of section unchanged) ... because it is damp, of fire- resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility separated from the remainder of the building by walls and floor /ceiling or room/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 5. In reems or areas that are of nonearnbestible eettstmetion with w4wily neneentbustible r,-.ntents. (Reason: Gives more discretion to code official. Protects locations where fire risks are poorly addressed.) Section 903.23.1.2; change to read as follows; 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. However, for the purposes of exceptions or reductions permitted by other requirements of this code. see Section 903.1.2. (Reason: Editorial to be included with recommended amendment to 903.1.2.) Section 903.3.5, add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards, however, every fire protection system shall be designed with a 10 psi safety factor. Page 9 of 18 (Reason: To define uniform safety factor.) Section 903.4, add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 30 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisoKy signal at the central station upon tampering, (Reason: To avoid significant water losses. Consistent with amendment to IFC 905.9.) Add Section 903.6.2 to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 1504. (Reason: Consistent with amendment to 1FC 1504.) Section 905.2, change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. (Reason: To define manual dry standpipe supervision requirements.) Section 905.3.2, delete exceptions #1 and 2. (Reason: Reflects local practice.) Section 9014, item #5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 percent slope), each standpipe shall be provided with a two -way hose connection located either... (remainder of paragraph unchanged]... (Reason: Clarity.) Section 905.9, add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 30 seconds. All control valves in the sprinkler and standpi eessystems except for fire department hose Page 10 of 18 connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. (Reason: To avoid significant water losses. Consistent with amendment to IFC 903.4.) Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. (Reason: Consistent with local practice.) Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in GromR E day care occupancies. Unless separated by a minimum of 100' open space. all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems.) Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential In -Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.) (Reason: Consistent with Texas State laws concerning day care facility requirements.) Page 11 of 18 Section 907.2.12; change to read as follows: 907.2.12 High -rise buildings. Building having floors used for human occupancy located more than 4-5-55 feet (22 86016764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communications system in accordance with Section 907.2.12.2. (Reason: To correct definition of high -rise.) Section 907.2.12, exception #3, change to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the International Building Code, when used for open air seating: however, this exception doe_ s not gpply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. (Reason: To indicate that enclosed areas within open air seating type occupancies are not excepted from automatic fire alarm system requirements.) Section 907.2.12.2; change the beginning paragraph to read as follows: 907.2.12.2. Emergency voice /alarm communication system. The operation of any automatic fire detector, sprinkler water -flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the building's fire safety and evacuation plans required by Section 404: (Reason: To provide minimum evacuation buffer around alarming floor.) Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. (Reason: Consistent with local requirements.) Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm- actuating or alarm - indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return loops IDC -Class "A" style - D - SL C Class "A" Style 6 - notification Class "B" S 1tY e Y. Page 12 of 18 (Reason: To provide uniformity in system specifications and guidance to design engineers.) Section 907.9.2; change to read as follows; 907.9.2 High -rise buildings. In buildings that have floors located more than �* 55 feet (22 860 16 764 mm) above the... (remainder of section unchanged). (Reason: Correct definition of high -rise.) Section 913.4; add a second paragraph to read as follows; The fire -pump system shall also be supervised for "loss of power ". "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits. (Reason: To define other conditions requiring supervision.) Section 1003.2.12.2, exception #3; change to read as follows: 3. In occupancies in Group I -3, F, H or in non - public portions of S, balusters, horizontal intermediate rails or other... (remainder of exception unchanged). (Reason: Consistent with regional amendment to IBC 1003.2.12.2.) Section 1005.2.1; change to read as follows: 1005.2.1 Minimum number of exits. Every floor area shall be provided with the minimum number of approved independent exits as required by Table 1005.2.1 based on the occupant load, except as modified in Section ^ ' � o 1005.2.2. For the purposes of this chapter, occupied roofs shall... (remainder of section unchanged). (Reason: Section 1004.2.1 is referenced in Section 1005.2.2, item #3. Its reference in this section creates confusing code requirements. Consistent with regional amendment to IBC 1005.2.1.) Section 1005.3.2.5, change to read as follows: 1005.3.2.5 Smoke proof enclosures. In buildings required to comply with the high -rise provisions of the International Building Code or the provisions for underground buildings in the International Building Code, each of the exits of a building that serves stories where the floor surface is located more than :74 55 feet (22 860 16 764 mm) above the lowest level of fire... (remainder of section unchanged). Reason: Correct definition of high -rise.) Page 13 of 18 Section 1504.6; change to read as follows: 1504.6 Fire Protection. New and existing Way Sgrarbooths and spray rooms shall be protected by an approved automatic fire - extinguishing system ... (remainder of section unchanged)... (Reason: Consistent protection in all spray booths.) Section 2302; add a second paragraph to the definition of "High Piled Combustible Storage" to read as follows: Any building exceeding 6,000 sq. ft. that has a clear height in excess of 12 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. (Reason: To provide protection for worst -case scenario in flexible or unknown situations.) Section 2416.1; change to read as follows: 2416.1 Standby_personnel/Crowd managers. When, in the opinion of the code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ standby personnel , to remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, standby personnel shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures as directed by the Fire Chief. Such duties may include, but not be limited tower extinguishment of fires that occur and assist in the evacuation of the public from the structure. There shall be trained crowd managers or crowd manager supervisors at a ratio of one crowd manager /supervisor for every 250 occupants, as approved. (Reason: Gives Fire Chief more discretion. Requires adoption of definition recommendations in Section 202.) Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Page 14 of 18 Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided permitted in Section 3304 and 3308. 2. Manufaetwe, asembly and testing of fireworks as permitted in Seetion 3304 - 3. The use of fireworks for approved display as permitted in Section 3308. 4. The possessiett....eenstuner fireworks. (Reason: Restricts to approved displays, which is consistent with local practice.) Section 3402; add new definitions to read as follows: FUEL LIMIT SWITCH. A mechanism, located on a tank vehicle, which limits the quantity of product dispensed at one time. MOBILE FUELING. The operation of dispensing liquid fuels from tank vehicles into the fuel tanks of motor vehicles. Mobile Fueling may also be known by the terms Mobile Fleet Fueling; Wet Fueling: and Wet Hosing. REMOTE EMERGENCY SHUT -OFF DEVICE. The combination of an operator carried signaling device and a mechanism on the tank vehicle. Activation of the remote emergency shut -off device sends a signal to the tanker mounted mechanism and causes fuel flow to cease. (Reason: Definitions required for amendments in 3406.5.4.5 to handle mobile fleet fueling "wet - hosing" industry.) Section 3403.6, add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. (Reason: Increased protection in response to underground leak problems and rehabilitation difficulty in underground applications.) Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems... (bulk of provision unchanged) ... and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. Page 15 of 18 (Reason: Reference to Section 3404.2.11.5.3 amendment.) Add Section 3404.2.11.5.3 to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of 4 sumps. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along _product lines towards the dispensers, a minimum of two are required. (Reason: Provides adeconomical means of checking potential leaks at each tank site.) Add Sections 3406.5.4.5 and 3406.5.4. S.1 through 3406.5.4.5.3 to read as follows: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class Ii and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildings, structures, and appurtenances on site and their use or function: b. all uses adjacent to the property lines of the site: C. the Iocations of all storm drain openings, adjacent waterways or wetlands: d. information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property: and, e. the scale of the site plan. 1. The Code Official is authorized to impose limits upon: the times and/or days during which mobile fueling operations are allowed to take place, and specific locations on a site where fueling is permitted. 2. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 3. Mobile fueling shall not take dace within 15 feet (4.572 ml of buildings_ property lines, or combustible storage. 163406.5.4.5.2 Refueling Operator Requirements. Page 16 of 18 1. The owner of a mobile fuelling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements ofNFPA 385 and Local State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fueling shall be prominently posted on 3 sides of the vehicle including the back and both sides 4. A fire extinguisher with a minimum rating of 40:13C shall be provided on the vehicle with si nage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type 6. The dispensing hose shall not be extended from the reel more than 100 feet (30.48 m) in length 7. Absorbent materials, non -water absorbent pads, a 10 foot (3.048 m) long containment boom an approved container with lid, and a non - metallic shovel shall be provided to mitigate a minimum 5- gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -back switch limiting the amount of a single fueling operation to a maximum of 500 gallons (1893 L) between resetting of the limit switch. Exception: Tankers utilizing remote emergency shut -off device capability where the operator constantly carries the shut -off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the Code Official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational Requirements 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Nighttime fueling_ operations shall only take ake place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. Page 17 of 18 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properlYplaced on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. (Reason: Provide guidelines for a recognized operation. Correlat4s with changes expected in the 2001 supplement to the IFC, with modifications customized to this region. See definitions in regional amendments to IFC 3402.) Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Portable LP -Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20 -12ound (9.0 kg ) water capacity. Aggregate capacity shall not exceed 60 -pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. (Reason: To provide a consistent and reasonable means of regulating the use of portable LP -Gas containers in these situations.) Section 3804.2 (limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): Multifamily residentially zoned districts. Section 3204.3.1.1 (limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): None. Section 3404.2.9.5.2 (limits in which the storage of Class I and Class II liquids in above - ground tanks outside of buildings is prohibited): All except areas zoned industrial. Add Section 3804.3.2 to read as follows: 3804.3.2 Spas and Pool Heaters. Where natural gas service is not available, LP -Gas containers are allowed to be used to supply spa and pool heaters. Such containers shall not exceed 250 - gallon water capacity. See Table 3804.3 for location of containers. (Reason: Allows for an alternate fuel source.) Section 3406.2.4.4 (limits in which the storage of Class I and Class H liquids in above - ground tanks is prohibited): All residentially zoned districts." Page 18 of 18 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/2002 Subject: Consider Adoption of 2000 International Building Code Agenda Number: Ordinance No. 2626 GN 2002-060 CASE SUMMARY: In a continuing effort to update our existing codes, Staff brings forth consideration of the 2000 International Building Code. NRH has most recently adopted the 2000 International Residential Code, Fuel Gas Code, Plumbing Code, Mechanical Code, and the 1999 National Electrical Code. This action follows suit with surrounding communities who are also moving towards the completed adoption of the 2000 International Codes. In July of 2001, Council approved a Technical Code Review Committee consisting of 7 members to review the new building codes, who concluded their meetings on May 20th, 2002. Due to the enormity of these code changes, and the education of staff and the construction industry, staff proposed to implement these code adoptions in phases. This is the last group of codes to be phased in during this process. 2000 International Building Code This is the first publication of the 2000 IBC which was published as a joint effort by the International Conference of Building. Officials (I.C.B.O.), Building Official and Code Administrators International (B.O.C.A.), and the Southern Building Code Congress International (S.B.C.C.I). The three entities have formed to make up the International Code Council (I.C.C.) to produce a code that is uniform throughout the country. This code will replace the 1991 Uniform Building Code (currently under ordinance) and will apply primarily to commercial and industrial construction. The purpose behind this code is to update the building provisions of our previous code by accommodating newer products and other innovations in construction. In our area of the country, the 2000 IBC will have minimal impact on the current requirements that architects, engineers & builders must meet. A majority of the changes have to do with learning a new way of determining compliance with maximum area and height restrictions. In many cases, the new code will make it easier to build by allowing more "trade -offs" when sprinkler systems are installed throughout a building. Finance Bopds (GO/Rev.) Operating Budget Other Departt Head Signature Sufficient Funds Available Finance Director ity Manager ign e GN 2001- Pagel of 2 CITY OF NORTH RICHLAND HILLS For example, the code developers have determined that fire rated corridors may be non- rated when buildings are provided with automatic sprinklers, plus, occupancy separation walls may be derated (or eliminated) depending on the method used for calculating maximum building area. The citizens of North Richland Hills can be assured that since the code is a result of the input from three national building code producers whose voting members are comprised of code officials, the changes are deemed safe and appropriate for construction. One issue that has come up recently is the temporary portable buildings for schools. We have received numerous phone calls from citizens regarding the placement and safety of these portable buildings. Currently we require all accessory buildings to be clad in masonry. There is no mention in our ordinances that speaks to temporary or portable school buildings. Staff is in the process of visiting with school officials regarding this issue. We do not think that we will have a problem with life safety issues regarding the portable buildings. Staff is looking at an ordinance revision to allow temporary portable buildings for public and private schools only for an initial permit of 2 years by the Building Official. At the end of the initial 2 year permit, the school district could request an extension from the Construction Code Board of Appeals. The Technical Code Review Committee approved all but six of the recommended North Texas Council of Governments amendments to the International Building Code. The committee found that the following changes should be made to the 2000 IBC and /or NTCOG Amendments to the 2000 IBC: 1) Modify definition of a high -rise building as a building having floors for human occupancy located more than 55 feet above fire department vehicle access. 2) Increase the minimum accessory building size requiring a building permit from 120 SF to 200 SF. 3) Modified NTCOG amendment to allow a two -story 3 -plex or two -story 4 -plex to omit an automatic sprinkler system. 4) Modify the IBC to affirm the NTCOG amendment requiring sprinkler heads in all new AND existing spray booths and spray rooms. 5) Modify IBC to prohibit guardrails from having an ornamental pattern that creates a ladder effect. 6) Modified IBC to reflect plumbing fixture requirements previously adopted in the plumbing code. For the most part, the amendments are used to clarify code requirements for use in this geographic area and are typically being practiced today. The Technical Code Review Committee has met over the past several months and made a final recommendation at their May 20th, 2002, meeting. Recommendation: The Technical Code Review Committee voted 6-0 to recommend adoption of the 2000 International Building Code and Ordinance No. 2626. CITY COUNCIL ACTION ITEM Page 2 of 2 ORDINANCE NO. 2626 AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH 4 RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2000 INTERNATIONAL BUILDING CODE AS AMENDED BY THE 6 RECOMMENDED AMENDMENTS BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS FURTHER AMENDED BY s THE CITY OF NORTH RICHLAND HILLS AS THE BUILDING CODE OF THE CITY OF NORTH RICHLAND HILLS; REPEALING 10 OBSOLETE AND CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; AUTHORIZING 12 PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. 14 WHEREAS, the North Richland Hills City Council desires to adopt the 2000 International Building Code with amendments recommended by the North 16 Central Texas Council of Governments in order to better provide for the safety of its residents and their property; NOW, THEREFORE, is BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH 20 RICHLAND HILLS, TEXAS: 22 Section 1: THAT Section 5 -3 of the North Richland Hills Code of Ordinances be amended to read as follows: "See. 5 -3 International Building Code Adopted. 26 The International Building Code, 2000 Edition, together with Appendix I 28 of such Code, as adopted by the International Code Council, Inc., in cooperation with the International Conference of Building Officials, a copy 30 of which is on file in the office of the City Secretary, as amended by the recommended amendments of the North Central Texas Council of 32 Governments, and as further amended by the City of North Richland Hills, a copy of which is on file in the office of the City Secretary, is hereby 34 adopted by reference and designated as the Building Code of the City of North Richland Hills, the same as though such Code, Appendix and 36 amendments were copied at length herein." 38 Section 2: Sections 5 -4, 5 -19 and 5 -28 of the North Richland Hills Code of Ordinances are hereby repealed. All other ordinances which conflict 40 herewith are hereby repealed, but only to the extent of such conflict. Such conflicting ordinances are hereby saved from repeal to the extent they do 42 not conflict herewith. 44 Section 3: 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 1 ordinance shall be declared unconstitutional or otherwise invalid by the 2 final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, 4 paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of 6 any such invalid phrase, clause, sentence, paragraph or section. s Section 4: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof 10 fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a 12 separate violation and punishable hereunder. 14 Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance 16 two times. 18 Section 6: This ordinance shall become effective immediately upon passage. 20 AND IT IS SO ORDAINED. PASSED AND ADOPTED on June 10, 2002. 24 CITY OF NORTH RICHLAND HILLS 26 28 30 32 ATTEST: Patricia Hutson, City Secretary 34 Approved as to Content: 36 By: 38 John Pitstick - Director of Developoment 40 Approved as to form and legality: 42 George A. Staples, Attorney Ordinance No. 2626 Oscar Trevino, Mayor 2 City of North Richland Hills Amendments to the 2000 International Building Code North Central Texas Council of Governments region 101.1 Title. These regulations shall be known as the North Richland Hills Building Code, may be cited as such and will be referred to herein as "this code." 101.2 Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. Exception: Detached one- and two- family dwellings and multiple singlefamily dwellings (townhouses) not more than threes stories high with separate means of egress and their accessory structures shall comply with the Residential Code. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 101.3 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. 101.5 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in Chapter 34 or as an unsafe building of Section 102. 101.6 Severability. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 - UNSAFE BUILDINGS OR STRUCTURES North Central Texas /North Richland Hills 1 June 2002 2000 IBC amendments 102.1 Unsafe buildings. All buildings or structures regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 102.2 Dangerous Demolition. The Building Official may order the cessation of the wrecking or demolition of any building or structure within the City when the same is being accomplished in a reckless or careless manner or in such a manner so as to endanger life and property. When such work has been ordered stopped by the Building Official, same shall not be resumed until said official is satisfied that adequate precautions have been or will be taken for protection for life and property. To continue such work without the expressed approval of the Building Official shall constitute a violation of this ordinance, and each day that such work continues shall constitute a separate offense. *"Section 105.2; exception #1, 5, 14, 15 & 16: change to read to read as follows: 1. One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is less than 200 square feet (18.58 m2). 5. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. (Retaining walls placed in succession shall be considered one wall if, upon drawing a line from the bottom of the footing of the lower wall at a 45 degree angle up and towards the higher wall the line intersects the higher wall or any material retained by the wall at any op int) Retainwalls 4' or taller must be designed by an Engineer licensed to practice in the State of Texas 14. Replacement of up to four eight (8') foot sections of fence. 15. Roof repairs on Group R Division 3 and their accessory structures For the purpose of this section roof repairs shall include the repair and replacement of the material above but not including the decking material lathing boards or sheathing boards The Building Official may revoke this exception during periods of Federal or State disaster relief efforts in which case a building_ permit and contractor registration is required proior to commencement of roofing repair/replacement activities 16. Freestanding satellite dishes not exceeding one meter in diameter that do not exceed 12 feet in height. **Section 105.2; delete exception #6: North Central Texas /North Richland Hills 2 June 2002 2000 IBC amendments **Section 109.3.5; delete. **Amend Section 110.1 to read as follows: 110.1 Use and occupancy. No building or structure within the City shall be used, subjected to change in occupancy classification, use or character of use, occupied or reoccupied unless the Building Official has issued a Certificate of Occupancy. In the event that any building or structure is leased or subleased in separate lease- units, each lease -unit must have a Certificate of Occupancy issued to such separate lease -unit. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall remain visible at all times the building is occupied. No utilty service shall be supplied to any building or separate lease unit untill the Building Official has notified the supplier in writing after review and approving the Certificate of Occuapancy applicant. EXCEPTION: The Building Official may release utility services for a temporary period of time upon written requrest by the applicant for the purposes of cleaning and showing prospective rental properties. 110.1.1 Responsible party. Any person, firm or corporation who violates any portion of this section by using or occupying a building or structure without obtaining a certificate of occupancy shall be guilty of a misdemeanor and fined in accordance with this code and the city code of the City of North Richland Hills, Texas. Both the tenant and the landlord shall be deemed guilty of violation in the event of use or occupancy of leased premises without a certificate of occupancy. 110.1.2 Authority to remove utilities. In order to further compel compliance with this section the building official may order that no city utility be provided to the building, or portion thereof, which is occupied or used without a certificate of occupancy. In the event that a leased portion of any building is in violation of the ordinance the city utility provided to the entire building may be discontinued upon order of the building official until the violation is abated. However, in the event that the portion of the lease portion of the building which is in violation of the ordinance is separately metered for water than the building official's order to stop city utilities shall apply only to that meter which controls the services provided to the portion of the building in violation of this section. The utility department shall give full force and effect to the order of the building official. **Amend Section 110.4 to read as follows: 110.4.1 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and all sanitary and life -safety requirements are installed and completed. The building official shall set a time period not to exceed 90 days in which the temporary certificate of occupancy is valid. The fire marshal or his designee shall also approve all temporary occupancies. North Central Texas /North Richland Hills 3 June 2002 2000 IBC amendments **Section 202; add a new derrnition to read as follows: i I • • • 1. 1• •• -• • 11. • -. • -• • • •' .•_� •: -! - • •-x.111 -.1 (Reason: To define high rise, as it influences sprinkler requirement thresholds based on the fire fighting " capabilities of a jurisdiction.) *'IBC Table 302.1.1; change -biorage rooms over 7 U Storage rooms and closets over 100 square feet Use Group B F Mb S U Use Group A. E All other use groups North Central Texas /North Richland Hills 4 2000 IBC amendments reev ro reaa as ronows: 1 hour or provide automatic fire extinguishing system (the smoke separation of Section 302.1.1.1 is not required.) 1 hour or provide automatic fire extinguishing system 1 hour June 2002 "Table 302.3.3, footnote e; change to read as follows: e. Assembly uses accessory to Group E Occupancy must comply with the provisions for Group A Occupancy but for the purpose of Section 302.3 are not considered separate occupancies. (Reason: When this table was originally created, these were required separations as used in the Uniform Building Code (UBC). However the UBC or SBCCI codes did not require separations between the E and A occupancies in schools. Later modification of the IBC allows occupancy separation to be an option. Therefore, footnote a needed clarification.) "Section 403.1; change to read as follows: 403.1 Applicability. The provisions of this section shall apply to buildings having occupied floors located more than 75 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access. " *Section 403. 1, exception #3: change to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes restaurants and similarly enclosed areas " *Section 403.2, exception #2; delete. (Reason: To provide adequate fire protection to enclosed areas.) " *Section 406.6.1; add a second paragraph to read as follows: This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes inspections windshield repair or replacement, shocks. minor part replacement and other such non maor repair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. 503.3 Area determination. The maximum area of a building with more than one -story shall be determined by multiplying the allowable area per floor (Aa), as determined in Section 506.1 by the number of stories as listed below up to a FRaximum of thFee staFies.; 1 For two storyy buildings multiply by 26 2 For three or more story buildings. multiply by 3: and. 3 No story shall exceed the allowable area per floor (Aa) as determined in Section 506.1 for the occupancies on that floor. Exception: Unlimited area buildings in accordance with Section 507. North Central Texas /North Richland Hills 5 June 2002 2000 IBC amendments **Section 705.11; change the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of . . . {remainder of exception unchanged). *"Section 715.5.2; add exception #4 to read as follows: 4 In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 302.3.3. exceptions #2 and 3. **Section 902.1; under "Standpipe, Types of" definition amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. * *Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade- offs ". permitted by other requirements of this code. In addition residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection. * *Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4; change to read as follows: 903.2.1.1 Group A -1. An automatic sprinkler system shall be provided Q Group A -1 essupaRGY Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. 903.2.1.2 Group A -2. An automatic sprinkler system shall be provided for Group A -2 essupaesy Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 903.2.1.3 Group A -3. An automatic sprinkler system shall be provided for Group A -3 esGUpansy Occupancies where one of the following conditions exists: North Central Texas /North Richland Hills 6 June 2002 2000 IBC amendments 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A -4 or.GupaRGY Occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. North Central Texas /North Richland Hills 7 June 2002 2000 IBC amendments **Section 903.2.7; change to read as follows: 903.2.7 Group R -1. An automatic sprinkler system shall be provided throughout buildings with a Group R -1 fire area. Exceptions: 1. Where guestrooms are not located more than ##Fee stwies one story in height and the building contains less than 20 guest rooms ha6 at l9a6t GR9 deeF leadiRg d'F9Gtly tO a;A exterior Awit anress that leads d;FGGtly to approved exits. 2. A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in buildings, or portions thereof, of Group R -1. * *Section 903.2.8; change to read as follows: 903.2.8 Group R -2. An automatic sprinkler system shall be provided throughout all buildings with a Group R -2 fire area where any of the following conditions apply: 1 The R -2 contains 3 or 4 units and is more than two stories in heiahto or. 2. The R -2 is located more than twe- steFies one story in height, including basements; or 3. The building contains having more than 16 dwelling units: or. 4 The building_ contains fraternities and sororities with an occupant load of more than 10 Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in buildings, or portions thereof, of Group R -2. * *Add Section 903.2.10.3 to read as follows: 903.2.10.3. Self- service storage facility. An automatic sprinkler system shall be installed throughout all self- service storage facilities. Exception: One -story self - service storage facilities that have no interior corridors with a one -hour fire barrier wall installed between every storage compartment. (Reason: Consistent with regional amendment to IFC 903.2.10.3 and gives building inspector information to enforce regarding construction.) **Section 903.2.12; amend 903.2.12.3 and add 903.2.12.4 and 903.2.12.5 as follows: 903.2.12.3 Buildings over 55 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509, that is located 55 feet (16 764 mm) or more above the lowest level of fire department vehicle access. Exceptions: 2. Open parking structures in compliance with Section 406.3. North Central Texas /North Richland Hills 8 June 2002 2000 IBC amendments 903 2 12 4 High Piled Combustible Storage For any building with a clear height exceeding 12 feet (4572 mm) see Chapter 23 of the International Fire Code to determine if those provisions apply. 903.2.12.5 Spray Booths and Rooms New and existing spray booths and spraying rooms shall be protected by an approved automatic fire- extinguishing system "Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official. automatic Aetematis sprinklers shall not be required in the following rooms or areas where such ... {bulk of section unchanged} ... because it is damp, of fire- resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the buildieg code official. 3. Generator and transformer rooms, under the direct control of a public utility. separated from the remainder of the building by walls and floor /ceiling or roof /ceiling assemblies having a fire - resistance rating of not less than 2 hours. q. SpaG96 eF aFeas iR t9l8G9FRMURiGatiGRs building6.... *"Section 903.3.1.2; change to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. However, for the purposes of exceptions or reductions permitted by other requirements of this code see Section 903.1.2. 'Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards however, every fire protection system shall be designed with a 10 psi safety factor. " *Section 903.3.7; change to read as follows: 903.3.7 Fire department connections. The location of fire department connections shall be approved by the building code official. " *Section 903.4; add a second paragraph after the exceptions to read as follows: North Central Texas /North Richland Hills 9 June 2002 2000 IBC amendments Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering * *Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high /low alarm * *Section 905.3.2; delete exceptions #1 and 2. * *Section 905.4, item #5;change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope), each standpipe shall be provided with a two-way hose connection located either ... fremainder of paragraph unchanged} ... * *Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering_ *Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comps unless the total building_ remodel or expansion initiated after the effective date of this code as adopted exceeds 30% of the building When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. ** Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building will be-considered one building for alarm occupant load consideration and interconnection of alarm systems North Central Texas /North Richland Hills 10 June 2002 2000 IBC amendments (Reason: To distinguish educational from day care occupancy minimum protection requirements. Further, to define threshold at which portable buildings are considered a separate building for the purposes of alarm systems. Consistent with regional amendment to IFC 907.2.3.) ** Section 907.2.3; change exception #1 and add exception #1.1 added to read as follows. 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1 Residential In -Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms (For care of more than five children 2 1/2 or less years of age. see Section 907.2.6.-) (Reason: Consistent with Texas State laws concerning day care facility requirements. Consistent with regional amendment to IFC 907.2.3.) **Section 907.2.12; change to read as follows: 907.2.12 High -rise buildings. Buildings having floors used for human occupancy located more than 7-5 55 feet (224�60 16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communications system in accordance with Section 907.2.12.2. **Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1. when used for open air seating: however, this exception does not apply to accessory uses including but not limited to sky boxes restaurants and similarly enclosed areas **Section 907.2.12.2; change the beginning paragraph to read as follows: 907.2.12.2 Emergency voice /alarm communication system. The operation of any automatic fire detector, sprinkler water -flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above and the floor below in accordance with the International Fire Code. * *Section 907.3; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type * *Add Section 907.5.1 to read as follows: 907.5.1 Installation All fire alarm systems shall be installed in such a manner that the failure of any single alarm - actuating or alarm - indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return loops IDC — Class "A" style — D — SLC Class "A" Style 5 — notification Class "B" Style Y North Central Texas /North Richland Hills 11 June 2002 2000 IBC amendments * *Section 907.8.2; change to read as follows: 907.8.2 High -rise buildings. In buildings that have floors located more than 7-5 `555 feet (22 960 16 764 mm) above the ... (remainder of section unchanged). ** Section 1003.2.12.2; add a second paragraph to read as follows: 1003.2.12.2 Opening limitations. Open guards shall have balusters or ornamental patterns such that a 4- inch- diameter (102 mm) sphere cannot pass through any opening up to a height of 34 inches (864 mm). From a height of 34 inches (864 mm) to 42 inches (1067 mm) above the adjacent walking surfaces, a spere 8 inches (203 mm) in diameter shall not pass. Guards shall not have an ornamental pattern that would provide a ladder effect unless located in non - public portions of use groups F, H, 1 -3, or S. * *Section 1003.2.12.2, exception #3; change to read as follows: 3. In occupancies in Group 1 -3, F, H or in non-public portions of S, balusters, horizontal intermediate rails or other ... {remainder of exception unchanged }. (Reason: To clarify that public areas of an S, such as parking garages, are not permitted the 21 -inch spacing.) *IBC Section 1003.3.1; changed to read as follows: 1003.3.1. Doors. Means of egress doors shall meet the requirements of this section. Doors serving a means of egress system shall meet the requirements of this section and Section 1005.3.1. Where additional doors are provided, and in the opinion of the Building Official could be assumed by occupants to bQ for egress purposes, they shall conform to the requirements of this section. IBC Section 1003.3.1.3.4: delete 1st paragraph and replace with the following: 1003.3.1.3.4 Access - controlled egress doors. The entrance doors in a means of egress in all buildings and tenant spaces are permitted to be equipped with egress access control systems when provided with an approved smoke detection system installed throughout the buliding or lease space. Egress access control systems must be installed in accordance with all of the following criteria and shall be made retroactive in existing buildings within one year upon the Fire Marshal's annual fire inspection. An approved smoke detection system is not required when the building or tenant space is equipped with an automatic sprinkler system. ** Remainder of section is unchanged * *IBC Section 1004.3.2.5; change to read as follows: 1004.3.2.5 Corridor continuity. Fire - resistance -rated Corridors shall be continuous from the point of entry to an exit. Corridors shall not be interrupted by intervening rooms. {exceptions #1 and 2 unchanged; exception #3 added to read as follows:} North Central Texas /North Richland Hills 12 June 2002 2000 IBC amendments 3. When the corridor is not required to be fire- resistance - rated, it is permitted to pass through open office /business spaces provided the exit path is clearly marked through to office /business area to the point of exit. *"Section 1005.2.1; change to read as follows: 1005.2.1 Minimum number of exits. Every floor area shall be provided with the minimum number of approved independent exits as required by Table 1005.2.1 based on the occupant load, except as modified in Section 1004 2 1 e 1005.2.2. For the purposes of this chapter, occupied roofs shall ... (remainder of section unchanged) . "Section 1005.3.2.5; change to read as follows: 1005.3.2.5 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where the floor surface is located more than 7-5 55 feet (22 860 16 764 mm) above the lowest level of fire ... (remainder of section unchanged}. 'Section 1101.2; add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans including any variances or waivers granted by the State shall be deemed to be in compliance with the requirements of this Chapter. (Reason: To accommodate buildings regulated under Texas State law.) "Section 1108.2.1; change to read as follows: 1108.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male aad Q female water closets are rimed provided. In buildings of mixed occupancy, only those water closets ... (remainder of section unchanged). (Reason: Amendment is necessary to coincide with amendments in IBC Chapter 29.) "Section 1209.2, exception #2; change to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet: provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code (Reason: Recognize the minimum wall material requirements of the IPC. Consistent with regional amendment to IPC 419.3.) North Central Texas /North Richland Hills 13 June 2002 2000 IBC amendments * *Section 1403.3; change to read as follows: 1403.3 Vapor retarder. AR appFeved inteFlOF RORGOFFedibla vapeF FetaFdw shall be pFevided. In all framed walls, floors and roof /ceilings comprising elements of the building thermal envelo a va or retarder, when installed. shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96. (delete all exceptions) (Reason: Vapor barriers installed in this region perform best if vapor barrier is installed in a position opposite that of position required in northern climates in the nation. However, no vapor barrier at all is preferable in this region.) **Table 1505.1; replace footnotes b and c with the following: b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. c. _Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sa.ft. of projected roof area When exceeding 120 sq ft of projected roof area buildings of U occupancies may use non rated non - combustible roof coverings * *Section 1505.7; delete. **Add Section 1507.8.1.1.1— 1507.8.1.1.3: 1507.8.1.1.1 Wood Shinales It shall be in violation of this chapter to use any wood shingles as part of the contruction material on structures classified as multifamily including duplexs) or commercial buildings 1507.8.1.1.2 All single family dwellings using wood shingles or shakes 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. 1507.8.1.1.3 **Add Section 1802. 1.1 to read as fol lows: 1802.1.1 Lot Drainage All lots in which construction has been authorized must be adequately protected aaainst surface run -off with appropriate erosion control methods. This may include the use of silt fences erosion control blankets hay bales or other means approved by the Building Official and the Director of Public Works. * *Add Section 2308.2.3 to read as follows: 2308-2.3 Application to engineered design When acce, tamed by the code official any portion of this section is permitted to apply to buildings that are othe[kjag outside the limitations of this section provided North Central Texas /North Richland Hills 14 June 2002 2000 IBC amendments that: 1. The resultina desian will comply with the requirements specified in Chapter 16 2. The load limitations of various elements of this section are not exceeded; and I The portions of this section which will re identified by n engineer in the construction documents. (Reason: Allows engineer to reference Section 2308 for designs for wood structures like four story apartment buildings; eliminates excessive engineering.) " *Section 2901.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in oordin tion with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise bgtween-the two hapters. the Code Official shall determine which provision applies. (Reason: Gives code official discretion.) '* Section 2902.1; change to read as fol lows: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number indicated in Chapter-4 of the International Plumbing Code ** Section 2903; add new section to read as follows: 2903 Access to toilet facilities in food service establishments Food service establishments that provide for the on- premise consuption of food shall be equippers with separate toilet facilities for each sex Assess to toilet facilities must be from inside the food s rvice facility and access may not be through the food preparation area. END North Central Texas /North Richland Hills 15 June 2002 2000 IBC amendments CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/2002 Subject: Consider Adoption of 2000 International Energy Code Agenda Number: GN 2002 -061 Ordinance No. 2627 CASE SUMMARY: In a continuing effort to update our existing codes, Staff brings forth consideration of the 2000 International Energy Conservation Code and the 2001 Supplement to the 2000 International Energy Conservation Code. NRH has most recently adopted the 2000 International Residential Code, Fuel Gas Code, Plumbing Code, Mechanical Code, and the 1999 National Electrical Code. This action follows suit with surrounding communities who are also moving towards the completed adoption of the 2000 International Codes. In July of 2001, Council approved a Technical Code Review Committee consisting of 7 members to review the new building codes, who concluded their meetings on May 20th, 2002. During the State legislative sessions, the bill requiring the adoption of the 2000 International Energy Conservation Code became law on September 1, 2001. The law provides for mandatory adoption and enforcement of the IECC by September 1, 2002 Many of the provision in the 2000 IECC are being enforced today in residential construction as a result of NRH adopting the 2000 International Residential Code in early 2002. Commercial construction will follow suit with the completed adoption of the 2000 International Energy Conservation Code 2000 International Energy Conservation Code This is a new code that applies to residential, commercial and industrial construction b_ ut may also be used when the energy code provisions of the recently a International Residential Code are silent or as an alternate_ Source of Funds: Bonds (GO/Rev.) Operating Budget Other -. Jc oe . Department Head Signature GN 2001 - Finance Review 200 Account Number Sufficient Funds Available Finance Director ity Manager Si na re Page l of 2 CITY OF NORTH RICHLAND HILLS The 2000 International Energy Conservation Code is a new code to the DFW area and was mandated by the State of Texas in 1991's S.B. No. 5. It contains energy provisions for both residential and commercial building applications by regulating the building envelope, mechanical systems, electrical systems, and water beating systems. New and remodelled buildings constructed to this code will use less energy without substrantially increasing construction costs. Most builders will find that they'll have to take greater steps to prevent air leakage; upgrade windows and doors to provide less heat transfer and heat gain due to solar radiation; upgrade HVAC units to provide greater efficiencies; and provide greater insulation values in walls, ceilings, roofs, ducts and water piping. The Technical Code Review Committee approved all but a cobple of the recommended North Texas Council of Governments amendments to the International Energy Conservation Code. The committee found that solar heat gain, properties found in window glazing should not be influenced by the use of solar screens. 'they also found that factory and /or field constructed insulation shields should not be utilized as a means of draft sealing reccessed lighting fixtures. They found that it would better serve the citizens of North Richland Hills if I.C. rated reccessed lighting fixtures suitable for attic energy code installation where used instead. The balance of the amendments are used to clarify a code requirement for use in this geographic area and are typically being practiced today. The Technical Code Review Committee has met over the past several months and made a final recommendation at their May 20th, 2002, meeting. Recommendation: The Technical Code Review Committee voted 6 -0 to recornmend adoption of the 2000 International Energy Conservation Code and the 200' Energy Conservation Code Supplement, Ordinance No. 2627. CITY COUNCIL ACTION ITEM Page 2 of 2 i 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 ORDINANCE NO. 2627 AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE WITH AMENDMENTS RECOMMENDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE 2001 SUPPLEMENT TO THE 2000 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE; ESTABLISHING A PENALTY; AND AUTHORIZING PUBLICATION. WHEREAS, the State of Texas has mandated adoption of the International Energy Conservation Code, and its adoption, with amendments recommended by the North Central Texas Council of Governments for this region, will make North Richland Hills regulations consistent with other area cities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Chapter 5 of the North Richland Hills Code of Ordinances be amended by amending Section 5 -5 thereof to read as follows: "Section 5 -5. International Energy Conservation Code Adopted. THAT the International Energy Conservation Code, 2000 Edition, and the 2001 Supplement to the 2000 Edition of the International Energy Code, published by the International Code Council in cooperation with Building Officials and Code Administrators International, Inc.; the International Conference of Building Officials; and Southern Building Code Congress International Inc., copies of which are on file with the City Secretary, as amended by the recommended amendments of the North Central Texas Council of Governments, as further amended by the North Richland Hills amendments thereto, a copy of which amended recommendation is also on file in the office of the City Secretary is hereby adopted." Section 2: Each violation of this ordinance including a failure to correct or comply with an order the violation shall be punishable by a fine of up to $500.00. Each day any violation shall continue shall constitute a separate offense punishable hereunder. Additionally, civil penalties of $1,000.00 per day maybe sought. Section 3: 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 unconstitutional or otherwise invalid by the final judgment or decree 1 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. I� Section 4: Ordinances conflicting herewith are hereby repealed, but only to the extent of such conflict; remaining portions of such ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as provided by law. Section 6: This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND ADOPTED on this 10th day of June, 2002. CITY OF NORTH RICHLAND HILLS ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney w: 2000.M. 2 North Central Texas Council of Governments' Recommended Amendments to the 2000 International Energy Conservation Code As Amended by the City of North Richland Hills Section 101.3; amend as follows: 101.3 Compliance. Compliance with this code shall be determined in accordance with Sections 101.3.1, -s 101.3.2. or 101.3.3. Add the following item: 101.3.3. Alternative compliance A building certified through a voluntary energy performance testing program approved as meeting or exceeding the provisions of this code may be deemed to comply with the requirements of this code. (Reason: This amendment would encourage participation in above -code programs and provide an attractive alternative path for unconventional builders who are committed to quality and efficiency, but concerned about mechanics of code compliance. NCTCOG will arrange advisory review of such programs.) Section 302.1; Replace blank Table 302.1 Exterior Design Conditions with the following: CONDITION VALUE Winter', design dry-bulb ( °F) (99.6 %) 17 Summer", design dry-bulb ( °F) (0.4 %) 100 Summer a, design wet -bulb ( °F) (0.4 %) 78 Degree days heating b 2407 Degree days cooling b 2603 Climate zone ` 5B Delete note "a" and replace with the following: a. These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft. Worth International Airport 99.6% Winter DB, 0.4% Summer DB, and 0.4% Summer WB• and from Local Climatological Data for Dallas -Ft. Worth published by the National Climatic Data Center, National Oceanic and Atmospheric Administration These values are for the purpose of providing a uniform basis of requirements for North Central Texas. This will not preclude licensed professionals from submitting desig_ analyses based on site measurements or published data more pecific to the building site. Adjustments shall be permitted to reflect local climates which differ from the tabulated values. or local weather experience determined by the code official. (Reason: One of the references in note "a" is in error. The 1997 ASHRAE Handbook of Fundamentals no longer publishes the design temperature tables in the format assumed by this reference. The main purpose of this change, however, is to provide typical design data for the NCTCOG region for ease of reference within this code.) Delete Figures 302.1 (1 -43, 45 -51). (Reason: There is no need to reference the maps of other states.) Section 502.1.1; delete exception #2 and substitute the following: 2. Buildings located in Climate Zones 1 through 9 as indicated in Table 302.1. If a vapor retarder is installed it is recommended that it be installed on the warm -in- summer side of the thermal insulation. (Reason: This would eliminate the requirement of a vapor retarder throughout the NCTCOG region. Eliminating vapor retarders in hot and humid climate zones is consistent with the recommendation of most building scientists. Although the omission of a vapor barrier is recommended, it is not the intent of the amendment to prohibit the installation.) Section 502.1.3; delete item #2: (Reason: The use of fabricated assemblies to provide air seals creates an enforcement difficulty in preventing fire hazards due to clearance requirements of the light fixtures.) 4 Section 502.1.5, modify and add exceptions: 502.1.5 Fenestration solar heat gain coefficient. In locations with heating degree days (HDD) less than 3,500, he combined solar heat gain coefficient (the area- weighed average) of all glazing fenestration products of any permanent exterior solar shading deviees) in the building shall not exceed 0.4. Exceptions: 1. AU glazing facing within 45 degrees of true north: 2. Any glazing facing acing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. (Reason: This will allow north facing windows, which do not receive direct solar radiation, to be exempt from the minimum SHGC requirement; provides a simple way for south facing windows to effectively achieve summer shade and still receive some solar heat benefit in. Solar shades are not intended to be utilized to obtain SHGC requirements due to being non - permanent assemblies.) Section 502.2, Replace blank Table 502.2 Heating & Cooling Criteria with the following. Table 502.21,9 HEATING AND COOLING CRITERIA Element Mode Type A -1 Residential Buildings U. Type A -2 Residential Buildings Uo Walls Heating or cooling 0.15 0.22 Roof/ceiling Heating or cooling 0.03 0.03 Floors over unheated spaces Heating or cooling 0.05 0.05 Heated slab on grade Heating R -value = 6 R -value = 6 Unheated slab on grade Heating R -value = 0 R -value = 0 Basement wall Heating or cooling U- factor = 0.15 -0-1 U- factor = 0.15 Crawl space wall Heating or cooling r U- factor = 5 U- factor = 0.15 K Delete Note "a" and replace with the following: a. The above values have been determined for all counties in the North Central Texas Council of Governments region. Add Note "g": g These requirements apply only to the boundaries of conditioned space. Air conditioning equipment is recommended but not required to be located within the conditioned space in North Central Texas zones. Delete Figures 502.2(1 -6) (Reason: This change unifies the requirements for all counties within the North Central Texas COG. Reference to the graphs is no longer needed when the - values have been specified.) Section 502.2, Add note to Fig 502.2(7): All counties within the North Central Texas Council of Governments region are desianated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement. (Reason: This allows for uniform interpretation of the map throughout the area of the COG.) Section 502.2.4; Delete prescriptive Tables 502.2.4(1 -9) and substitute the following: Replace Tables 502.2.4 (1 -6) with: Table 502.2.4(1) Prescriptive Building Envelope Requirements, Type A -1 Residential Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area (for zones 5b and 6b) 4 Maximum Minimum rGlazing�` Glazing Ceiling Exterior Floor Basement Slab Crawl ` U- factor R -value wall R- wall perimeter space R -value value R -value R -value wall r and R -value depth <$�3 0.70 R -26 R -11 R -11 R -5 R -0 R -6 12°O 0.65 R -26 R -13 R -11 R -5 R -0 R -5 4 f15°(„ °'' 0.65 R -30 R -13 R -11 R -6 R -0 R -7 Ceiling 0.52 R -30 R -13 R -19 R -6 R -0 R -7 0° 0.50 R-38 R -13 R -19 R -6 R -0 R -7 25la F 0.46 R -38 R -16 R -19 R -6 R -0 R -7 Replace Tables 502.24 (7 -9) with: Table 502.2.4(2) Prescriptive Building Envelope Requirements, Type A -2 Residential Buildings, Based on Window Area as a Percent of Gross Exterior Wall Area %. Maximum Minimum Glazing Glazing Ceiling Exterior Floor Basement Slab Crawl U- factor R- wall R- wall perimeter space h. value R -value value R -value R -value wall and R- depth value X20 %a 0.55 R -30 R -13 R -11 R -5 R -0 R -6 10.47 0.55 R -30 R -13 R -11 R -5 R -0 R -5 ;<30 0W! R -38 R -13 R -19 R -7 R -0 R -8 (Reason: This change a) reduces the number of tables to be referenced; b) unifies envelope prescriptive requirements across all areas within the COG, requiring the more restrictive values of zones 5b or 6b; and c) eliminates slab edge insulation requirement.) Section 503.3.3.3; amend as follows: All supply and return-air ducts and plenums installed as part of an HVAC air - distribution system shall be thermally insulated in accordance with Table 503.3.3.3 or where such ducts or plenums operate at static pressures greater than 2 in. w.g. (500 Pa) in accordance with Section 503.3.3.4.1. Duct insulation products that are req uired to meet increased insulation values found in Table 503.3.3.3 of the 2001 Supplement to the International Energy Conservation Code are not vet readily available in the NTCOG region Until such time as the materials become reasonably available the Building Official may authorize alternate materials that substantially meet these requirements. (Reason: This change clarifies that requirements for higher pressure ducts are given elsewhere. These duct systems are typically associated with commercially sized equipment. This change will be included in the IECC 2001 Supplement.) E Section 503.3.3.4, amend subsections as follows: 503.3.3.4.1 High- and medium- pressure duct systems. All ducts and plenums operating at static pressures greater than 2 in. w.g. (500 Pal shall be insulated and sealed in accordance with Section 803.2.8. High presswe and medium press" dDucts operating at static pressures in excess of 3 in. w.g_(750 Pa) shall be leak tested in accordance with Section 803.3.6. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. 503.3.3.4.2 Low pressure duct systems. All longitudinal and transverse joints, seams and connections of supply and return ducts operating at static pressures less than or equal to 2 in. w.g_(500 Pa) shall be securely fastened and sealed with welds gaskets, mastics (adhesives), mastic -plus- embedded fabric systems or tapes installed in accordance with the manufacturer's installation instructions. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. (Exception is unchanged) (Reason: These changes, which will be included in the 2001 Supplement to the IECC, are necessary because the term "low" and "high" have been discontinued by SMACNA. The modification more clearly delineates the static pressure classification of duct systems in question.) Section 802.2; Replace blank tables 802.2 (1 -4) with the completed tables provided as follows. Delete tables 802.2(5-37). (Reason: This change provides a unified set of prescriptive requirements for all areas within the NCTCOG area based upon the most restrictive zone's requirements (5b or 6b). The deleted tables are not necessary after tables 1 -4 are completed, and eliminates data irrelevant to the NCTCOG region.) TABLE 802.2(1) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE - GRADE WALL AREA ELEMENT CONDITIONIVALUE (Zones 5B,6B) Skylights (U- factor) 1 1 0 Slab or below -grade wall (R- value) R -0 Windows and glass doors PF < 0.25 0.25 < PF < 0.50 PF > 0.50 SHGC U- factor Any Any Any Any Any Any Roof assemblies (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block Insulation between framing Continuous insulation _. R -19 R -16 R -25 R -17 NA R -16 R -25 R -17 X R -17 Floors over outdoor air or unconditioned space (R- value) All -wood joist /truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R -11 R -6 R -11 R -6 NA R -6 Above -grade walls (R- value) No framing Metal framing Wood framing Framed R -value cavity NA R -11 R -11 R -value continuous NA R -0 R -0 CMU, > 8 in., with integral insulation R -value cavity NA R -0 R -0 R -value continuous R -0 R -0 R -0 Other masonry walls R -value cavity NA R -0 R -0 R -value continuous R -0 R -0 I R -0 TABLE 802.2(2) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U- factor) 1 Slab or below -grade wall (R- R -0 value) Windows and glass doors SHGC U- factor PF < 0.25 0.25 < PF < 0.50 PF > 0.50 0.6 Any 0.7 Any Any Any Roof assemblies (R- value) Insulation between Continuous insulation framing All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block R -25 R -19 R -25 R -20 NA R -19 R -30 R -20 X R -20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R- value) framing All -wood joist /truss Metal joist/truss Concrete slab or deck R -11 R -6 R -11 R -6 NA R -6 Above -grade walls (R- value) No framing Metal framingj Wood framing Framed R -value cavity NA R -11 R -11 R -value continuous NA R -0 R -0 CMU, > 8 in., with integral insulation Windows and glass doors SHGC R -value cavity NA R -11 R -11 R -value continuous R -5 R -0 R -0 Other masonry walls 0.4 R -value cavity NA R -11 R -11 R -value continuous R -5 R -0 R -0 TABLE 802.2(3) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U- factor) 1 Slab or below -grade wall (R- R -0 value) Windows and glass doors SHGC U- factor PF < 0.25 0.25 < PF < 0.50 PF > 0.50 0.4 0.7 0.5 0.7 0.6 0.7 Roof assemblies (R- value) Insulation between Continuous insulation framing All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block R -25 R -19 R -25 R -20 NA R -19 R -30 R -20 X R -20 Floors over outdoor air or unconditioned space (R- value) All -wood joist/truss Metal joist/truss Concrete slab or deck Insulation between framing Continuous insulation R -11 R -6 R -11 R -6 NA R -6 Above -grade walls (R- value) No framing Metal framing Wood framing Framed R -value cavity NA R -11 R -11 R -value continuous NA R -0 R -0 CMU, > 8 in., with integral insulation R -value cavity NA R -11 R -11 R -value continuous R -5 R -0 R -0 Other masonry walls R -value cavity NA R -11 R -11 R -value continuous R -5 R -0 R -0 10 TABLE 802.2(4) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50 PERCENT OF ABOVE -GRADE WALL AREA ELEMENT CONDITION/VALUE Skylights (U- factor) 1 Slab or below -grade wall (R- R -0 value) Windows and glass doors SHGC U- factor PF < 0.25 0.25 < PF < 0.50 PF > 0.50 0.4 0.7 0.5 0.7 0.6 0.7 Roof assemblies (R- value) Insulation between Continuous insulation framing All -wood joist/truss Metal joist/truss Concrete slab or deck Metal purlin with thermal block Metal purlin without thermal block R -25 R -19 R -25 R -20 NA R -19 R -30 R -20 R -38 R -20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R- value) framing All -wood joist/truss Metal joist/truss Concrete slab or deck R -11 R -6 R -11 R -6 NA R -6 Above -grade walls (R- value) No framing Metal framing Wood framing Framed R -value cavity NA R -13 R -11 11 R -value continuous NA R -3 R -0 CMU, ? 8 in., with integral insulation R -value cavity NA, NA R -11 R -11 R -value continuous R -5 R -0 R -0 Other masonry walls R -value cavity NA R -11 R -11 R -value continuous R -5 R -0 R -0 Section 805.21 Interior Lighting Controls, add a third sentence to read. Large spaces shall have a separate switch or control for each 2500 square feet of floor area. (Reason: This change is consistent with energy conservation measures in the 4th public review ASHRAE 90.1 - 1999, Space Control. This "zoning" is especially relevant for after -hours employees in office spaces.) Chapter 9, Replace referenced standard asfollows: AS!ff?c�,4ES 93 Energy Gode for Gatwnereial and High Rise Residentiai .. ._ I 7MM20 .. 1 1 4,04i MPFFW&Tam K y To gr ASHR.AEJES -- 99 Energy Efficient Design of New Buildings Except Low -Rise Residential Buildings -- 1999 Edition (Reason: This adopts the most recent edition of the ASHRAE Standard 90.1 as the reference standard for commercial construction.) 12 0 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/2002 Subject: Consider Adoption of Substandard Building Regs. & Board Agenda Number: GN 2002 -062 Ordinance No. 2629 CASE SUMMARY: Substandard buildings tend to blight neighborhoods, endanger occupants and reduce property valvues to surrounding properties that are properly maintained and nurtured. The Planning and Inspections Department has the responsibility for identifying and eliminating substandard and dangerous structures throughout our community. Our department regularly works with owners to ensure that vacant structures are maintained in safe condition, and typically enjoy good working relationships with our city's various building owners. From time -to -time, however, some buildings are neglected and/'or ignored and left to dilapidate. When that occurs, it is the ultimate responsibility of the building owner to rehabilitate or remove the substandard and /or dangerous building. Occasionally, the owner(s) are unable (or unwilling) to repair or remove their substandard buildings and are notified of the problem and given time to make corrections. If the property remains in violation despite all efforts, including the possible issuance of citations, the Planning and Inspection Department needs the legal mechanism to inspect the property, issue notices and requests hearings before an authorized Substandard Building Board. Therefore, in conjunction with the effort to update our existing codes, staff brings forth consideration of new substandard building regulations to assist in the repair, rehabilitation, vacation, removal and demolition of substandard and dangerous buildings. North Richland Hills Substandard Building Code Along with the technical and procedural provisions of this proposed ordinance, a Substandard Building Board is proposed. This board will conduct a public hearing and review the inspection records of the individual building, and either confirm or reject the findings of the building official in regards to whether the building is to be considered a substandard or dangerous building. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Department Head Signature GN 2001- Finance Review Account Number Sufficient Funds Available Manager Finance Director Page 1 of 2 F CITYOF NORTH RICHLAND HILLS — If the Substandard Building Board finds a building to be "substandard" under the provisions given in the ordinance, the board then issues an order to either repair or remove the substandard building within a reasonable time frame. The time frames to complete the repair /removal are set by the Substandard Building Board with specific guidelines given to the building owner for repair /removal durations of 30 days, less than 90 days, and /or more than 90 days. In the event that the building owner fails to comply with the corrective order of the Substandard Building Board, this ordinance gives the City the authority to repair or demolish the building. The costs incurred during the process are to be assessed against the property and a lien filed in order to recover the expenditure, The City currently has a 7 member Building Code Board of Appeals. Staff recommends that the current Board of Appeals serve as the new Substandard Building Board. This board is made up of citizen members more appropriate for substandard building review rather than a technical board. New appointments to this board would be made as part of the regular board appointments in July. Recommendation: Due to the increasing age of the City of North Richland Hills and its buildings; and the growing number of complaints that staff has confirmed regarding the condition of several buildings, staff recommends approval of Ordinance No. 2629. CITY COUNCIL ACTION ITEM Page 2 of 2 MMO F� MM� h� G� V1 O �I O MMO h+� i..1 Al N d = H K W .O O' J O' Q i Q LL Q m c O t O. Y O d c O CL 0 E O x N N L Q �E �o z d v m a. 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N M O O N O M O O O N N O\ N_ M O N o� N 00 N r- M N 00 00 U z� N O cd U U 0 N 7 Q O t� °- N ORDINANCE NO. 2629 2 AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH 4 RICHLAND HILLS CODE OF ORDINANCES; ADOPTING REGULATIONS TO IMPLEMENT THE AUTHORITY GRANTED BY 6 SUBCHAPTER C OF CHAPTER 54 AND SUBCHAPTERA OF CHAPTER 214 OF THE TEXAS LOCAL GOVERNMENT CODE; DEFINING 8 SUBSTANDARD BUILDINGS, ESTABLISHING PROVISIONS FOR NOTICE AND PUBLIC HEARINGS AND PROVIDING FOR 10 MANDATORY ABATEMENT, FOR ACTION BY THE CITY IF OWNERS OR LIEN HOLDERS FAIL TO ACT; AND PROVIDING FOR A LIEN TO 12 BE PLACED ON SUCH PROPERTY TO RECOVER THE COST OF REMOVING, VACATING, SECURING OR DEMOLISHING SUCH 14 BUILDING; ESTABLISHING A BOARD TO HEAR AND DECIDE WHETHER BUILDINGS ARE SUBSTANDARD AND THE TIME 16 REQUIRED TO VACATE, DEMOLISH, OR REPAIR; PROVIDING FOR SEVERABILITY, FOR PUBLICATION AND ESTABLISHING AN 18 EFFECTIVE DATE. 20 WHEREAS, the City Council finds that the existence of substandard buildings within the City has a tendency to blight neighborhoods, endanger occupants and reduce property 22 values and that measures should be enacted pursuant to law to protect the health, safety and general welfare of the residents of the City; NOW, THEREFORE, 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND 26 HILLS, TEXAS: 28 Section 1: THAT Chapter 5 of the North Richand Hills Code of Ordinances be amended by adding a new Article III which shall read as follows: 30 "ARTICLE III 32 SUBSTANDARD BUILDINGS 34 Sec. 5-70. Purpose. These regulations are enacted pursuant to the authority granted by Chapters 54 and 214, 36 Texas Local Government Code, and are intended to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction 38 by limiting the definition of substandard and dilapidated buildings to those with specified defects. 40 Sec. 5 -71. Substandard Buildings. 42 (a) General. Any building or portion thereof which is determined to be an 44 unsafe building under the Building Code; or any building or portion thereof, w: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 1 including any dwelling unit, guest room or suite of rooms, or the premises on 2 which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. 4 (b) Inadequate Sanitation. Buildings or portions thereof shall be deemed 6 substandard when they are unsanitary. Inadequate sanitation shall include but not be limited to the following: 8 1. Lack of, or improper water closet, lavatory, bathtub or shower in 10 a dwelling unit or lodging house. 12 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 14 3. Lack of, or improper kitchen sink in a dwelling unit. 16 4. Lack of hot and cold running water to plumbing fixtures in a hotel 18 or motel. 20 5. Lack of hot or cold running water to plumbing fixtures in a dwelling unit, or apartment complex required by other city codes. 22 6. Lack of adequate heating facilities. 24 7. Lack of or improper operation of required ventilating equipment. 26 8. Lack of minimum amounts of natural light and ventilation 28 required by city codes. 30 9. Room and space dimensions less than required by city codes. 32 10. Lack of required electrical lighting. 34 11. Dampness of habitable rooms. 36 12. Infestation by insects, vermin or rodents. 38 13. General dilapidation or improper maintenance. 40 14. Lack of connection to required sewage disposal system. 42 15. Lack of adequate garbage and rubbish storage and removal facilities. 4 - 16. Partial destruction or damage by fire unrepaired for more than W: \NorthRichlandHi11s \General \Ordinances \Substandard Bldg.wpd 2 ninety (90) days. 2 (c) Structural Hazards. Buildings or portions thereof shall be deemed 4 substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following: 6 1. Deteriorated or inadequate foundation. 8 2. Defective or deteriorated flooring or floor supports. 10 3. Flooring or floor supports of insufficient size to carry imposed 12 load with safety; 14 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration; 16 5. Members of walls, partitions or other vertical supports that are of 18 insufficient size to carry imposed loads with safety; 20 6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective 12 material or deterioration; 24 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed 26 loads with safety; 28 8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration; 30 9. Fireplaces or chimneys which are of insufficient size or strength 32 to carry imposed loads with safety; 34 10. Heating flues and exhausts which list, bulge or settle due to defective material or deterioration; 92 (d) Nuisance. Buildings or portions thereof in which there exists any 38 nuisance as defined by ordinance are deemed substandard buildings. 40 (e) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical 42 wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good 4 condition or which is not being used in a safe manner shall be considered substandard. W: \NOrthRichlandHills \General \Ordinances \Substandard aldg.wpd 3 (f) Hazardous Plumbing. Plumbing which was installed in violation ofcode 2 requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes 4 were in effect or which has not been maintained in good condition or which is not free of cross - connections or siphonage between fixtures shall be considered 6 substandard. 8 (g) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or 10 mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not 12 been maintained in good and safe condition shall be considered substandard. 14 (h) Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall 16 include but not be limited to the following: 18 1. Deteriorated, crumbling or loose plaster. 20 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 22 3. Defective or lack ofweather protection for exterior wall coverings, 24 including lack of paint, or weathering due to lack of paint or other approved protective covering. 26 4. Broken, rotted, missing, split or buckled exterior walls or wall 28 coverings or roof coverings. 30 (i) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of 32 the fire department or the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or 34 explosion arising from any cause shall be considered a substandard building. 36 0) Faulty Materials of Construction. The use of materials of construction except those which are specifically allowed or approved by the Housing Code 38 Residential Code, or the Building Code and which have been adequately maintained in good and safe condition shall cause a building to be substandard. 40 (k) Hazardous or Insanitary Premises. The accumulation of weeds, 42 vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions on a 4 premises constitutes a nuisance to be abated as provided by this Article. W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 4 (1) Inadequate Exits. Except for those buildings or portions thereof which 2 have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in 4 violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any 6 increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. 8 Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when 10 the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other 12 conditions exist which are dangerous to human life. 14 (m) Inadequate Fire Protection or Fire - Fighting Equipmeni. Buildings or portions thereof shall be considered substandard when they are not provided with 16 the fire - resistive construction or fire- extinguishing systems or equipment required by the codes of the city, except those buildings or portions thereof which 18 conformed with all applicable laws at the time of their construction and whose fire - resistive integrity and fire- extinguishing systems or equipment have been 20 adequately maintained and improved in relation to any increase in occupant load, '2 alteration or addition, or any change in occupancy. -- (n) Improper Occupancy. All buildings or portions thereof occupied for 24 living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. 26 28 Sec. 5 -72. Notices and Orders of Building Official W: \NorthRichlandHi11s \General \Ordinances \Substandard Bldg.wpd 5 (a) Right of Entry. When it is necessary to make an inspection to 30 enforce the provisions of this Ordinance, or when the Building Official or his designee has a reasonable cause to believe that there exists in a 32 building or upon a premises a condition which is contrary to or in violation of this Ordinance which makes the building or premises unsafe, 34 dangerous, or hazardous, the Building Official or his designee may enter the building or premises at reasonable times to inspect or perform the 36 duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and 38 entry requested. If such building or premises be unoccupied, the Building Official or his designee shall first make a reasonable effort to locate the 40 owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have 42 recourse to the remedies provided by law to secure entry. The Building Official is designated as the person who may be issued a search warrant pursuant to Sec. 18.05, Texas Code of Criminal Procedure, upon presentation of evidence to a magistrate of probable cause to believe that W: \NorthRichlandHi11s \General \Ordinances \Substandard Bldg.wpd 5 a fire or health hazard or violation or unsafe building condition is present 2 in the premises sought to be inspected. Upon searching the premises, a copy of the warrant shall be presented to the owner if present or if not 4 present, to any person present who is in possession of the property. If the Building Official takes anything from the property, he shall prepare an 6 inventory and leave a copy with the owner or person in possession of the premises. 8 (b) Commencement of Proceedings. Whenever the building official has 10 inspected or caused to be inspected any building, and has found and determined that such building is: 12 1. dilapidated, substandard, or unfit for human habitation and a 14 hazard to the public health, safety, and welfare; 16 2. regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry 18 to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage, or could be entered or 20 used by children; or 12 3. boarded up, fenced, or otherwise secured in any manner if. 24 (A) the building constitutes a danger to the public even though secured from entry; or 26 (B) the means used to secure the building are inadequate to 28 prevent unauthorized entry or use of the building in the 30 manner described by Subdivision 2 directly above, the building official shall commence proceedings to cause the repair, 32 rehabilitation, vacation, removal or demolition of the building. 34 (c) Notice. The building official shall issue a notice directed to the record owner of the building. The notice shall contain: 36 1. The street address and description (legal or other) sufficient for 38 identification of the premises upon which the building is located; 40 2. A statement that the building official has found the building to be substandard with a brief and concise description of the conditions 42 found to render the building dangerous; 4 3. A statement of the action required to be taken as determined by the building official; W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 6 4. A requirement that the owner or person in charge of the building 2 or premises secure required permits and commence the required action within fifteen (15) days from the date of such notice and 4 that all work be completed within such time as the building 6 official shall determine is reasonable; 5. If the building official has determined that the building or structure 8 must be vacated, the notice shall contain a requirement that the building be vacated within such time from the date of the notice as 10 determined by him to be reasonable; 12 6. A statement advising that if any required repair or demolition work is not commenced within the time specified, the building 14 official will, without further notice, order the building vacated and posted to prevent further occupancy until the work is completed; 16 and 18 7. A statement advising that if any required repair or demolition work is not commenced or completed within the time specified, 20 proceedings will be commenced to have the building repaired, removed or demolished and the cost of such assessed as a charge 22 against the land. 24 (d) Service of notice. The notice and any amended notice shall be served upon the record owner. 26 (e) Method of service. Service of notice shall be made upon all persons 28 entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his 30 address as it appears on the last tax roll of the city, or as known to the building official. If no address of any such person so appears or is known to the building 32 official, then a copy of the notice and order shall be published twice within ten (10) consecutive days in a newspaper of general circulation in the city. Failure to 34 receive such notice or order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this section 36 shall be deemed effective on the date of mailing. Service by publication shall be 38 deemed effective on the date of the second publication. (f) Order to vacate. An order to vacate immediately may be issued only if 40 the building or structure is in such condition as to make it immediately dangerous 42 to the life, limb, property or safety of the public or of the occupants. (g) Posting. Every notice to vacate shall, in addition to being served as .4 provided in paragraph (e), be posted at or upon each exit of the building, and shall be in substantially the following form: W: \NorthRichlandHi 11s \General \Ordinances \ Subs tandard Bldg.wpd 7 DO NOT ENTER 2 UNSAFE TO OCCUPY It is a Misdemeanor to Occupy this Building 4 or to Remove or Deface this Notice 6 Building Official 8 City of North Richand Hills, Texas Sec. 5-73 Violations. 10 No person shall remain in or enter any building which has been posted as provided by 12 Section 5 -72, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the 14 required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating 16 this section shall be guilty of a Class C misdemeanor, and any person who fails to meet the requirements made in any notice duly served as provided in this article shall be guilty 18 of a misdemeanor for each day such failure continues after the date the notice requires compliance. 20 Sec. 5-74. Enforcement. "2 If the required repair or demolition has not been commenced within fifteen (15) days from 24 the date of any notice served pursuant to this article; or if required action has not been completed as required by such notice, the building official shall commence proceedings 26 as follows: 28 30 32 34 36 38 40 42 (a) The building official shall cause such building to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING It is a Misdemeanor to Occupy this Building or to Remove or Deface this Notice Building Official City of North Richand Hills, Texas (b) A public hearing shall be scheduled before the Substandard Building Board to determine whether the building complies with the standards set out in this ordinance and to consider to decide whether to order the repair, removal or demolition and whether to cause the cost of such work to be paid and levied as a special assessment against the property. (c) The Substandard Building Board shall hold the hearing noticed and enter its order concerning the property as soon as possible thereafter. W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 8 38 4. a description of the violation of city standards that is present at the building; and 40 5. a statement that the city will vacate, secure, remove, or demolish 42 the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 44 (e) The city secretary shall, at the time notices are mailed, file a notice of the W: \NOrthRichlandHi11s \General \Ordinances \Substandard Hldg.wpd 9 (d) A title search shall be conducted to discover each owner, mortgagee and 2 lienholder. A diligent search shall be made by searching the following records: 4 1. county real property records; 6 2. appraisal district records; 8 3. records of the Secretary of State; 10 4. assumed name records of Tarrant County; 12 5. tax records of the City; and 14 6. utility records of the City. 16 (e) Notice of the public hearing to be held before the Substandard Building 18 Board shall be given on or before the 10'h day before the hearing by causing a notice to be published in the city's official newspaper and 20 mailed by certified mail, return receipt requested or personally delivered to the owner of such property and to each mortgagee and lienholder 22 having an interest in the building or in the property on which the building is located. Notice shall also be posted on the front door of the building 24 which is the subject of the proceeding or as close thereto as is practicable. The notice shall include the date, time and place of such hearing and shall 26 state that the owner, lienholder or mortgagee will be required to submit proof of the scope of any work that may be required to comply with the 28 ordinance and the time it will take to reasonably perform the work together with: 30 1. the name and address of the record owner; 32 2. the street address of the premises; 34 3. an identification, which is not required to be a legal description, of 36 the building and the property on which it is located; 38 4. a description of the violation of city standards that is present at the building; and 40 5. a statement that the city will vacate, secure, remove, or demolish 42 the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 44 (e) The city secretary shall, at the time notices are mailed, file a notice of the W: \NOrthRichlandHi11s \General \Ordinances \Substandard Hldg.wpd 9 hearing in the Tarrant County Clerk's office, stating the name and address 2 of the owner, if such can be determined, a legal description of the land, and stating the purpose, time and place of the hearing, which notice shall 4 be binding on all subsequent grantees, lienholders, or other transferees of any interest in the property who acquire such interest after the filing of 6 such notice. 8 (f) After conducting a hearing authorized under this section, if the Substandard Building Board finds that the allegations are true, the 1.0 Substandard Building Board shall require the owner, of the building to, within thirty (30) days: 12 1. secure the building from unauthorized entry; or 1.4 2. repair, remove, or demolish the building, unless the owner or 1.6 lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. 1.8 (g) If the Substandard Building Board allows more than thirty (30) days to 20 repair, remove, or demolish the building, the Substandard Building Board shall establish specific time schedules for the commencement and 2 performance of the work and shall require the owner, lienholder, or - mortgagee to secure the property in a reasonable manner from 24 unauthorized entry while the work is being performed, as determined by the Substandard Building Board. 26 (h) The owner, lienholder, or mortgagee shall not be allowed more than ninety 28 (90) days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or 30 mortgagee: 32 1. submits a detailed plan and time schedule for the work at the hearing; and 34 2. establishes at the hearing that the work cannot reasonably be 36 completed within ninety (90) days because of the scope and complexity of the work. 38 (i) If the Substandard Building Board allows the more than ninety (90) days 40 to complete any part of the work required to repair, remove, or demolish the building, the owner, lienholder, or mortgagee shall be required to 42 regularly submit progress reports to the city to demonstrate that the owner, lienholder, or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the Substandard W: \NOrthRichlandHi11s \General \Ordinances \Substandard Bldg.wpd 10 Building Board or its designee to demonstrate compliance with the time 2 schedules. If the owner, lienholder or mortgagee owns property within the city that exceeds $100,000.00 in value, the Substandard Building Board 4 may require the posting of a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building which is 6 the subject of an order hereunder. Any such bond must be posted no later than the thirtieth day after the order is issued. 8 (j) In a public hearing to determine whether a building complies with the 10 standards set out in this article, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be 12 required to comply with the ordinance and the time it will take to reasonably perform the work. The Substandard Building Board shall 14 specify a reasonable time for the building to be vacated, secured, repaired, removed or demolished by the owner or for the occupants to be relocated 16 by the owner and an additional reasonable time for the ordered action to be taken by the mortgagees or lienholders in the event the owner fails to 18 comply with the order within the time provided for action by the owner. 20 (k) The Substandard Building Board's requirement shall be reduced to writing and shall be considered an order. Within ten (10) days after the date that `,2 the order is issued, the city secretary shall: 24 1. file a copy of the order in the office of the municipal secretary or clerk; and 26 2. publish in a newspaper of general circulation in the municipality 28 in which the building is located a notice containing: 30 (A) the street address or legal description of the property; 32 (B) the date of the hearing; 34 (C) a brief statement indicating the results of the order; and 36 (D) instructions stating where a complete copy of the order may be obtained. 38 (1) After the hearing, the city secretary shall promptly mail by certified mail, 40 return receipt requested, or personally deliver a copy of the order to the owner of the building, and to any lienholder or mortgagee of the building. 42 Sec. 5 -75. Performance of Work by the City. (a) Procedure. When any work of repair, removal, demolition, or securing w: \NorthRichlandHills \General \Ordinances \substandard Bldg.wpd 11 is to be performed by the city pursuant to the provisions of an order of the 2 Board or City Council, the work may be accomplished by city personnel or by private contract as determined to be necessary. Rubble and debris 4 shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if 6 removal or demolition is ordered, and the proceeds shall be used to offset costs of the work. 8 (b) Costs. The cost of the work shall be paid from city funds and shall 10 constitute a special assessment and alien against the property to secure payment, together with 10% interest on the amount from the date on 12 which the work is performed. 14 (c) Repair to minimum standards only. The city may repair the building at its own expense and assess the expenses on the land on which the 16 building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards, and only if the 18 building is a residential building with 10 or fewer dwelling units. The repairs may not improve the building to the extent that it exceeds 20 minimum housing standards. ?2 Sec. 5 -76. Notice of Lien. 24 A sworn account of the expense incurred by the city in the repair, removal or demolition of any building, done pursuant to the provisions of this article, shall be filed by the 26 building official with the city secretary. The city secretary shall file such notice of the city's assessment and lien in the records of the County Clerk. Such notices shall read 28 substantially as follows: 30 STATE OF TEXAS COUNTY OF TARRANT 32 NOTICE OF LIEN 34 Building Official for the City of North 36 Richand Hills , makes oath and says that the City of North Richand Hills has incurred an expense of $ in improving property, 38 the legal description of which is 40 Such expense was incurred to repair, remove or demolish substandard buildings 42 after notices pursuant to ordinance and to Chapter 214, Texas Local Government Code, were served on the record owner thereof, 1 whose address is W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 12 2 4 Building Official North Richand Hills, Texas 6 8 SWORN TO AND SUBSCRIBED before me by the said this day of 10 , to certify which witness my hand and seal of office. 12 14 Notary Public in and for 16 The State of Texas Sec. 5 -77. Prohibitions Against Service. 18 No utility service, building permit or certificate of occupancy shall be allowed for any 20 such property until any lien imposed pursuant to Section 5 -76 is discharged. 22 Sec. 5-78. Additional Authority; Unoccupied Buildings; Dangerous Buildings. 24 (a) Securing of unoccupied, substandard building. Notwithstanding any other provisions of this article, the city may secure a building if the 26 building official determines: 28 (1) that the building violates the minimum standards set forth herein; and 30 (2) that the building is unoccupied or is occupied only by persons who 32 do not have the right of possession to the building. 34 (b) Notice to the owner. Before the 11th day after the date the building is 36 secured pursuant to Subsection (a) of this section the building official shall give notice to the owner by: 38 40 (1) personally serving the owner with written notice; or 42 (2) depositing the notice in the United States mail addressed to the owner at the owner's post office address; or 44 W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 13 - (3) publishing the notice at least twice within a 10 -day period in a 2 newspaper of general circulation in the county in which the property is located, if personal service cannot be obtained and the 4 owner's post office address is unknown; or 6 (4) posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office 8 address is unknown. 10 (c) Contents of notice. The notice must contain: 12 (1) an identification, which is not required to be a legal description, of 14 the building and the property on which it is located; (2) a description of the violation of the minimum standards present in 16 the building; 18 (3) a statement that the city will secure or has secured, as the case may be, the building; and 20 (4) an explanation of the owner's entitlement to request a hearing '2 about any matter relating to the city's securing of the building. 24 (d) Hearing. The Substandard Building Board shall conduct a hearing at which the owner may testify or present witnesses or written information 26 about any matter relating to the city's securing, of the building, if, within 30 days after the date the city has taken action pursuant to Subsections (a) 28 of this section, the owner files with the city a written request for the hearing. The hearing shall be conducted within 20 days after the date the 30 request is filed. 32 (e) Expenses incurred by city. If the city incurs expenses under this section, the expenses incurred shall be a personal obligation of the property owner 34 in addition to a priority lien upon the property, and costs shall be recovered as provided in this Article. 36 Sec. 5 -79. Civil Penalty. 38 (a) Civil penalty authorized. In addition to any other enforcement authority 40 provided by law, as an alternative to the city repair and assessment of expenses, a civil penalty may be assessed against a property owner for 42 failure to comply with an order issued by the Substandard Building Board after an administrative hearing if: (1) the property owner was notified of the contents of the order issued W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 14 pursuant to Section 5 -75 of this article; and 2 (2) the property owner committed an act in violation of the order or 4 failed to take an action necessary for compliance with the order. 6 (b) Amount of penalty. The civil penalty may be assessed at an administrative hearing held before the Substandard Building Board in an 8 amount not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not 10 to exceed $10.00 a day for each violation. 12 (c) Notice of administrative hearing. 14 (1) A notice of the proceeding shall be filed with the official public records of real property of Tarrant County. Such notice shall 16 contain the legal description of such property, a description of the proceeding, and the name and address of the owner of the affected 18 property if such can be determined from the records on file in the office of the county clerk. 20 (2) On or before the 10' day before the date on which the 12 administrative hearing is set, the property owner and each lienholder whose address can be determined from the county 24 clerk's records shall be sent a notice of the hearing by certified mail, return receipt requested. Such notice shall also be published 26 on or before the 10' day before the hearing date. If there are unknown owners, such notice must also be posted on the front 28 door of the affected building or as close thereto as practicable. The notice shall contain: 30 (A) a copy of the order issued by the Substandard Building 32 Board pursuant to Section 5 -74 of this article; 34 36 38 40 42 4 (B) a statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order; (C) a statement that at the administrative hearing the Board may assess a civil penalty not to exceed $1000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 a day for each violation; and (D) notice of the time and place of the hearing. W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 15 (d) Copy of order filed with district clerk. After the civil penalty is 2 assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the 4 civil penalty stating the amount and duration of the penalty. 6 (e) Enforcement. The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a final 8 judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence 10 of the penalty in any suit." 12 Section 3: That Chapter 5 of the Code of Ordinances of the City of North Richland Hills is amended by adding Article IV to read as follows: 14 "ARTICLE IV 16 SUBSTANDARD BUILDING BOARD Sec. 5 -90. Substandard Building Board Created. 18 A Substandard Building Board referred to in this and the previous article as the `Board," is hereby created to accomplish purposes and perform functions established in this article. l0 Such Board shall also exercise the power of a building and standards commission as provided for by Sec. 54.033 Texas Local Government Code insofar as it seeks to impose 22 the civil penalties contemplated by Sec.5 -79 of the Code of Ordinances. 24 Sec. 5 -91. Appointment and Terms. 26 (a) Membership. The Board shall be composed of seven members be appointed to places numbered 1 through 7. The building official shall be 28 an ex officio member of and shall act as secretary to the Board, but shall have no vote on any matter before the Board. Appointed members of the 30 Board shall hold office at the pleasure of the city council. 32 (b) Terms. Upon initial appointment pursuant to this ordinance, members in the odd numbered places shall be appointed to serve terms expiring in 34 June 30, 2003 and members appointed to the even numbered places shall serve terms expiring in June 30, 2004. Thereafter, the terms of office of 36 the members shall be two years beginning on July 1 of the year of appointment. The terms of the odd numbered places shall expire in the 38 odd numbered years, and the terms of the even numbered places shall expire in the even numbered years. Board members may be appointed to 40 succeed themselves. Vacancies shall be filled by the city council for the unexpired term. Newly appointed members shall be installed at the first regular board meeting after their appointment. W: \NorthRichlandHills \General \Ordinances \Substandard Bldg.wpd 16 2 Sec. 5 -92. Qualifications of Members. Members shall be residents of the City of North Richland Hills and shall hold no other 4 position on any other City Board or Commission. Members, except for the building 6 official, may not be employees of the City of North Richland Hills. 8 Sec. 5 -93. Organization. 10 The Board shall hold an organizational meeting in October of each year and shall elect a chairman and vice - chairman from among its members. The Board shall meet when 12 required to carry out the duties established by this ordinance. The Board shall adopt its own rules and procedures and shall keep a record of its proceedings consistent with the 14 provisions of this ordinance and the requirements of law. Such rules shall establish procedure for use in hearings, providing ample opportunity for presentation of evidentc 16 and testimony by respondents aor persons opposing charges brought by the building official relating to alleged violations of ordinances. The Board shall keep minutes of its 18 proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its decisions and other official 20 actions, all which shall be filed in the office of the city secretary and kept as public records. The building official of the city or his designee, with the assistance of the city's attorney shall present all cases before the Board. ,2 Sec. 5 -94. Duties and Powers. 24 (a) The Board is hereby charged with the duty and invested with the 26 authority to: 28 (1) inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the 30 laws of the State of Texas and the city; 32 (2) enforce the provisions of Article III of Chapter 5 of the 34 North Richland Hills Code, and carry out the functions 36 established to abate substandard and dangerous buildings. (3) hear and decide appeals of orders, decisions or determination 38 made by the building official relative to the application and interpretation of the technical provisions of the following codes 40 adopted by the City: 42 (A) the Building Code; (B) the Plumbing Code; W: \NorthRichlandHills \General \Ordinances \Substandard Hldg.wpd 17 2 (C) the Mechanical Code; 4 (D) the Electrical Code; 6 (E) the Fire Code; 8 (F) the Energy Conservattion Code; and (F) the Residential Code. 10 (b) The Board shall have no authority relative to interpretation of the 12 administrative provisions of the codes listed in Subsection (a)(3) the Article referenced in Subsection (a)(2) of this Section, nor 14 may the Board waive requirements of any of the codes listed or of the Article referenced. 16 18 20 22 24 26 28 30 32 34 36 38 Sec. 5 -95. Meetings and Quorums. A quorum for the conduct of business shall consist of four members of the Board. Each member is entitled to one vote and action of the Board shall require a majority of those members present. The members ofthe Board shall regularly attend meetings of the Board and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. The members shall comply with all time limits and public notice requirements and all meetings of the Board shall be held in compliance with the Texas Open Meetings Act." Section 3: Section 5 -6.5 of the North Richland Hills Code of Ordinances is hereby repealed. Section 4: This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. Section 5: 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 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 unconstitutional phrase, clause, sentence, paragraph or section. W: \NorthRichlandHi11s \General \Ordinances \Substandard Bldg.wpd 18 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 Section 6: 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 not more than $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense hereunder. Section 7: The City Secretary of the City of North Richland Hills is hereby directed to publish in the official newspaper of the City ofNorth Richland Hills, the caption, penalty clause, publication clause and effective date clause of this ordinance at least two times after the passage of this ordinance. Section 8: This ordinance shall be in full force and effect after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED June 10, 2002. ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney CITY OF NORTH RICHLAND HILLS W: \NorthRichlandHi1Is \General \Ordinances \Substandard Hldg.w7N 19 Mayor CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/02 subject: Consider Ordinance Creating a Construction Code Agenda Number: GN 2002-063 Appeals Board - Ordinance No. 2628 As a requirement for the adoption of the international codes an Appeals Board must be established to hear appeals from the Building Official's interpretation of ordinances and to consider new building practices. An ordinance has been created that encompasses all the appropriate international codes with a 7 member appeals board. A requirement under the international codes requires a Master Electrician, Master Plumber and Master Mechanical Contractor with other technical expertise in the construction fields. RECOMMENDATION: Staff recommends approval of Ordinance 2628 to establish a permanent Construction Code Appeals Board. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient Funds Operating Budget Other Finance Director 1 Department Head Signature L: \Cases \GN Cases \GN Construction Code Appeals Board Manager C-) Page 1 of 1 2 ORDINANCE NO. 2628 4 AN ORDINANCE AMENDING SECTIONS 5-11 AND 5 -12 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND 6 ESTABLISHING A CONSTRUCTION CODE APPEALS BOARD. 8 WHEREAS, The International Building, Plumbing, Residential, Mechanical, Fire and Fuel Gas Codes which have been or which soon will be adopted by the 10 City contemplate the appointment ofAppeal Boards composed ofpersons familiar with construction; NOW, THEREFORE, 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH 14 RICHLAND HILLS, TEXAS. 16 Section 1: THAT Sections 5 -11 and 5 -12 of the North Richland Hills Code of Ordinances be amended to read as follows: 18 "Sec. 5 -11. Construction Code Appeals Board. 20 There is hereby created a Construction Code Appeals Board. There shall be seven 22 (7) members of such Board appointed by the City Council, none of whom shall be a city employee. Members may be removed by the Council. At least one member shall be a .4 registered master electrician; one shall be a state licensed master plumber; one shall be a master mechanical contractor; and all others shall be familiar with construction. Each 26 appointee shall serve for a two -year term, but may be reappointed. Three (3) persons shall initially be appointed to serve until June 30, 2003, and four (4) until June 30, 2004. Four 28 members shall have terms expiring June 30 of even - numbered years, and three shall have terms expiring June 30 of odd - numbered years. Four members shall constitute a quorum. 30 The Board shall select a Chairman from its members to preside at meetings, and may adopt rules of conduct of meetings. The Building Official and Fire Marshall shall be ex 32 officio members without vote. 34 The Board shall serve as an Appeals Board as contemplated by the Building, Electrical, Plumbing, Residential, Mechanical, Fire and Fuel Gas Codes adopted by the 36 City. To the extent that such Codes contemplate different terms of office or qualifications of members, this section shall prevail. 38 The Board shall also review all proposed amendments to such Code prior to their 40 consideration by the City Council. Meetings of the Board shall be public and 72 hours notice shall be posted of subjects to be considered. 42 2 See. 5-12. Appeals. 4 Any person may appeal an interpretation of the substantive provisions ofBuilding, Electrical, Plumbing, Residential, Mechanical, Fire and Fuel Gas Codes, or the 6 disapproval or refusal of any permit thereunder to the extent provided in such Codes, by filing a written notice with the official who made the interpretation or who refused or 8 disapproved such permit. Such notice shall be filed within ten (10) days after any 10 interpretation is made or permit refused or disapproved. 42. 2 Such appeals shall be placed on the agenda of the Board for hearing. The secretary 12 shall notify all necessary parties of the date, time and location of the hearing. Parties may appear before the Board in person, by agents, or by attorney. The Board may require such 14 additional data, tests, or expert professionals that it deems necessary for adequate decision of the appeal. The appellant shall be required to pay a non - refundable fee in th-e amount 16 listed in the fee ordinance per appeal at the time that the appeal application is submitted to the Building Official. The Building Official shall transmit to the Board all records and 18 data in their possession that are relevant to the appeal. All orders or decisions made pursuant to this Code which are appealed from shall be stayed pending the final decision 20 of the Board. However, if the Building Official certifies to the Board that by staying such order or decision, a hazardous situation to life or property would exist, then such order or 22 decision shall remain in full effect pending the final decision of the Board. The Building Official shall enforce and execute all decisions and orders of the Board. No decision of 4 an official of the city shall be overturned or modified on appeal unless four members of the Board vote to do so. 26 No variance may be granted unless the Code in question provides for such 28 variances and no variance shall be granted unless four Board members vote in favor of such variance." 30 AND IT IS SO ORDAINED. 32 Passed and adopted this 10th day of June, 2002. 34 CITY OF NORTH RICHLAND HILLS 36 38 By: 40 ,Mayor 42. 2 2 ATTEST: 4 6 Patricia Hutson, City Secretary 8 Approved as to form and legality: 10 12 George A. Staples, Attorney 6 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 6/10/02 Subject: Consider Appointments to Construction Code .Agenda Number: GN 2002-064 Appeals Board As a requirement for the adoption of the international codes an Appeals Board must be established to hear appeals from the Building Official's interpretation of ordinances and to consider new building practices. An ordinance has been created that encompasses all the appropriate international codes with a 7 member appeals board. This Board involves a change to the typical board appointments with the requirement of technical expertise in construction fields. A requirement under the international codes requires a Master Electrician, Master Plumber and Master Mechanical Contractor. Staff is also recommending that the board be made up of either citizens of North Richland Hills or have their business located within North Richland Hills. Staff is recommending that the current temporary Technical Code Review Committee be appointed as the new Construction Code Appeals Board. It is recommended that places 2, 4 and 6 be appointed until June 30, 2003 and places 1, 3, 5 and 7 be appointed until June 30, 2004. The only change to the current temporary committee would be to replace Mark Alexander with W.D. McCarthy. Mr. McCarthy will fulfill the requirement for a Mechanical Contractor and Mr. Alexander has recently moved out of the city. Please see attached proposed board makeup. RECOMMENDATION: Staff recommends appointment of the following members for the Construction Code Appeals Board. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient Funds Operating Budget Other Finance Director Department Head Signature ity Manager Si ature L: \Cases \GN,Cases \GN Construction Code Appeals Board Page 1 of 1 T Construction Code Appeals Board Place Term I Joe Crane, Master Electrician June 30, 2004 JOE CRANE ELECTRIC, INC. 8908 Thornmeadow Court North Richland Hills, TX 76180 2 Jim Lackey, Chief Building Inspector June 30, 2003 City of Irving 7725 Chasewood Drive North Richland Hills, TX 76180 Jlackey0ki. irvin .tx.us 3 Bill Manning, Electrical Engineer, June 30, 2004 Attorney 7308 Tipperary Court North Richland Hills, TX 76180 WmanningCa)multatech com 4 Lynn Motheral, D /FW Division Manager June 30, 2003 CALVERY CONSTRUCTION 7109 Douglas Lane North Richland Hills, TX 76180 LmotheralCcbcalveryconstruction com 5 Gary Rademacher, Architect June 30, 2004 SHW ARCHITECTS 9001 Airport Freeway, Suite 570 North Richland Hills, TX 76180 Glrademacher(EDshwgrouo com 6 Lloyd Robinson, Master Plumber June 30, 2003 ROBINSON PLUMBING 4717 Vance Dr. North Richland Hills, TX 76180 7 W. D. (Mac) McCarthy, Master Mechanical June 30, 2004 Contractor W D MAC MCCARTHY SERVICE CO. 7500 Terry Ct. North Richland Hills, TX 76180 CITY OF NORTH RICHLAND HILLS ' Department: Administration Council Meeting Date: 6/10/02 Subject: Creating Citizen Capital Improvement Study Committee & Agenda Number: GN 200244 Repealing Resolution No. 2002 -032 - Resolution No. 2002 -049 This agenda item repeals Resolution No. 2002 -032, which created the Citizen Capital Improvement Study Committee that was approved by City Council on April 22, 2002. Resolution No. 2002 -049 is identical to the previous resolution with the addition of addressing how the Chair and Vice Chair are appointed. Currently, Resolution No. 2002- 032 is structured where the committee members appoint their own Chair and Vice Chair. This new (attached) resolution allows the Mayor to appoint the Chair from among the committee members and the committee members will select their own Vice Chair from the remaining members. By allowing the Mayor to appoint the chair this should expedite the work of the committee and enable them to began addressing the issue at hand which is to look at the numerous projects we have for the City for the next five to seven years. RECOMMENDATION: Approve Resolution No. 2002 -049. Source of Funds: Bonds (GO /Rev.) Operating Budget Other 7A&2xwrl;� Department Head Signature Finance Review Account Number Sufficient Funds Available Finance Director Page 1 of 1_ RESOLUTION NO. 2002-049 WHEREAS, the Mayor and City Council recognize that long range planning for the needs of North Richland Hills is essential to the future of our City; and WHEREAS, the Mayor and City Council recognize the vital role that the citizens, both residential and corporate, play in determining the future needs of the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Richland Hills that: Resolution No. 2002 -032 is hereby repealed; and A Citizen Capital Improvement Study Committee be established, and shall work with City staff to review and prioritize capital projects and plan for a future bond election. IT IS FURTHER RESOLVED: That the charge of the Citizen Capital Improvement Study Committee shall be: im To review the City's draft proposal of essential long term capital projects for the next 5 to 7 years, and confirm the need, financing, and completeness of such projects. 2. To offer any suggestions, ideas, or reactions that will refine this program to best meet our community's needs while being mindful of economic issues. 3. To provide a report of its findings to the City Council by November 11, 2002. H To determine the appropriate level and source of funding. 5. To lend support to the bond election as core members of a citizen support group. The Citizen Capital Improvement Study Committee shall consist of 20 members who are residents of the City of North Richland Hills that will provide a diverse, well - balanced committee that can effectively represent the community; and Resolution No. 2002 -049 Page 1 of 3 Each member of the City Council shall appoint 2 members from various quadrants of the City (South, Middle, North, and Far North), and from various job categories in an effort to provide a wide range of professions, styles, interests, and diversity; and The remaining 4 committee members will be comprised of a representative selected from each of the following City boards: the Planning and Zoning Commission, the Park and Recreation Board, the Animal Shelter Advisory Committee, and the Library Board. The selected committee members shall continue serving on their respective board for the duration of this committee assignment; and The committee shall meet on a regular basis for approximately 4 to 6 months from its inception until its report is presented to the City Council; and and The Mayor shall appoint a chair from among the members appointed to the committee; The committee shall select and appoint a vice -chair from among the remaining members; and The chair and /or the vice chair shall provide regular reports to the City Council regarding the progress of the committee; and The committee is authorized to form sub - committees to review specific areas of the program as needed; and Following the completion of its official charge shall support the bond election until it is completed; and The committee shall be in effect and remain active until all project review and bond election activities are completed in February 2003. PASSED AND APPROVED this 10th day of June 2002. APPROVED: Oscar Trevino — Mayor ATTEST: Patricia Hutson — City Secretary Resolution No. 2002 -049 2 Page 2 of 3 APPROVED AS TO FORM AND LEGALITY George Staples — Attorney for the City Resolution No. 2002 -049 Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 6/10/02 Subject: Appointments to Citizen Capital Improvement Agenda Number. Study Committee GN 2002-066 In a previous agenda item, City Council approved a resolution Creating a Citizen Capital Improvement Study Committee. The resolution provides for each member of the City Council to nominate two members from various quadrants of the City and from various job categories. The following nominations to the Committee have been received from the Council members. Brent Barrow Brenda Cole Charles Scoma Fred Wilson Dyann McCully Bill Leeming Brad Greene Charles Brinkley Mark Wood Paula Alderman Ronna Hunt Sandra Durbin Rhonda Brown Ruth Ann Smith Dennis Denson Attached is a more detailed listing of the nominees and the nominator, their occupation and location within the City. Councilman Turnage will be providing his second nomination at the Council meeting on Monday night. P Recommendation: To appoint members to the Capital Improvements Study Committee. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) _ Sufficient Funds AVallable Operating Budget Other Finance Director NOMINEES FOR CAPITAL IMPROVEMENTS STUDY COMMITTEE Mayor Trevino Brent Barrow 5001 Surrey Court Owner: Barrow Electric Brenda Cole 7948 Hunter Lane Realtor: Coldwell Banker Councilman Welch Charles Scoma 8300 Cardinal Lane Management: Southwest Hydrokinetics Fred Wilson 8721 Copper Canyon Road School Board Trustee; small business Councilman Turnage Dyann McCully 7404 Maple Drive Attorney in Fort Worth (Second nomination to be provided prior to meeting) Councilman Metts Bill Leeming 6505 Boulder Court Owner: Architect Brad Greene 7813 Woodhaven Drive Farmers Insurance Councilwoman Johnson Charles Brinkley 6525 Wood Creek Banking Mark Wood 6317 Riviera H_ owe Wood & Associates: Real Estate /Development Councilman Whitson Paula Alderman 6509 Valley View Drive Bell Helicopter: Supervisor Accountant Ronna Hunt 6105 Iron Horse Drive CPA, Bass Co. Councilman Tolbert Sandra Durbin 5709 Acapulco Real Estate (works for Prudential) Rhonda Brown 4900 Pebble Court Owner: All America Title Former Mayor Scoma Ruth Ann Smith 7124 Mid Cities Boulevard Owner: Signs Now Dennis Denson 7124 Mid Cities Boulevard Owner: Print Central CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/10/02 Subject:__ Appointment to Place 1 on the Beautification Commission Agenda Number: GN =2467 Place 1 on the Beautification Commission is currently vacant due to the resignation of Ms: Patsy Tucker. Councilman Welch is recommending Mr. John Paraskevas to fill this vacancy. The term will expire June 30, 2003. Recommendation: To consider the appointment of Mr. John Paraskevas to Place 1 on the Beautification Commission, term expiring 6/30/2003. Finance Review Source of Funds: Account Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget _ Other Announcements and Information June 10, 2002 Announcements Construction on Rufe Snow began on the east side of the street this past week (June 4th). The - driving lanes have been reduced from 5 lanes to 4 lanes (no center turn lane) from a block north of Mid Cities to a block south of Industrial Park Blvd. The side roads have been reduced to a tight two lanes. Watauga Road will be reduced from 5 lanes to 4 lanes (no dedicated turn lane) approximately 500 feet west of Rufe Snow and the same for Mid Cities approximately 500 feet east of Rufe Snow. Construction will continue on the east side of the street for the next 3 -4 months and when this portion is complete, the contractor will move to the west side of the street to build a new lane. Children over the age of 6 can audition for the Missoula Children's Theatre production of Little Red Riding Hood. Every child that auditions will be a part of the production. In five days, students learn dialogue, choreography, theatre craft and music. Children must be registered and paid in order to audition. The Theatre series will be held from June 17 -22. Call 817 - 427 -6600 to register. Information June 14 -16 NRH Junior Open Richland Tennis Center 817- 427 -6680 June 21 Dive In Movie - "Atlantis" NRH2O Water Park 9:00 p.m. (approximately) 817- 427 -6500 June 22 Critter Connection North Hills Mall 10:00 a.m. — 6:00 p.m. 817- 427 -6570