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Home My WebLink AboutOrdinance 3174 ORDINANCE NO. 3174 AN ORDINANCE AMENDING SECTIONS 98 -142, 98 -145 AND 98 -146 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE WITH AMENDMENTS RECOMMENDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; 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 Section 98 -142 of the North Richland Hills Code of Ordinances be amended by amending Exhibit A thereof by adding a new item 13 to Section R105.2 of the International Residential Code which shall read as follows: Sec. 98 -142. - Amendments to the 2006 International Residential Code. The 2006 International Residential code is amended as set forth in Exhibit A hereto. EXHIBIT A * *Section R105.2, add item #13 to read as follows: 13. Replacement of up to 3 exterior windows provided that all replacements meet the emergency egress requirements of section R310 of this code and the adopted version of International Energy Code Conservation Code." * *Chapter 11 of the 2006 International Residential Code; replace in its entirety with Chapter 11 of the 2009 International Residential Code, adopted by reference, the same as though such chapter were copied at length herein. Section 2: THAT Sections 98 -145 and 98 -146 of the North Richland Hills Code of Ordinances be amended to read as follows: Ordinance No. 3174 Page 1 of 4 "Section 98 -145. International Energy Conservation Code adopted. The International Energy Conservation Code, 2009 Edition as published by the International Code Council, Inc., a copy of which is on file in the office of the city secretary, as amended by section 98 -146 is hereby adopted by reference and designated as a part of the energy conservation code of the city as though such code were copies at length herein. The provisions pertaining to one and two family dwellings that are more restrictive than the 2001 International Energy Conservation Code shall not be deemed effective until January 1, 2012. Section 98 -146. Amendments to the International Energy Conservation Code. The amendments to the International Energy Conservation Code shall be as follows: 101.4.2 Historic Buildings. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource with a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer of the Keeper of the National Register of Historic Places, shall comply with all of the provisions of this code. Exception: Whenever a provision or provisions shall invalidate or jeopardize the historical designation or listing, that provision or provisions may be exempted. 103.1.1. Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determines by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. * *Section 202; add the following definition: GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and including the sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less than 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame. Ordinance No. 3174 Page 2 of 4 * *Section 401.2, replace to read as follows: 1. Section 402.1 through 402.3, 403.2.1 and 404.1 (prescriptive) and the use of Tables 402.1.1 and 402.1.3 are limited to a maximum glazing area of 15% window area to floor area ratio; or 2. Section 405 (performance) * *Section 402; add Section 402.2.12 to read as follows: Section 402.2.12. Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official. * *Section 405.4.1; add the following sentence to the end of the paragraph: RemRateTM, Energy GuageTM, and /C3 are deemed acceptable performance simulation programs." Section 3: 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 Y Y t tute a separate offense punishable hereunder. Additionally, civil penalties of $2,000.00 per day may be sought. Section 4: 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 of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 5: 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 6: 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. Ordinance No. 3174 Page 3 of 4 Section 7: 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 APPROVED on this 12th day of December, 2011. NCH °IzA / CITY • ORTH LAND HILLS Viz: r r-g B /AP* y h 4;1 Osca wino, Mayor Patricia Hutson, City Secretary APP •■• 4 A4P �� S T • FORM AND LEGALITY: George A. apl -s, City Attorney Ordinance No. 3174 Page 4 of 4 INVOICE Star - Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 319262031 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 12/15/2011 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Bill To: Due Date: 12/31/2011 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 31926203 NORTH RICHLAND HILLS, TX 761827 Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates:1 2 /14/2011 - 12/15/201 :ITY OF N(GRTH RICHLAND HILLS CITY OF 1` ORDINANCE NO. 3174 I3580 1 32 32 LINE $6.14 $392.84 An ordinance amending Sections 98- 142, 98 -14° and 98 -146 of the North Richland Hids Code of Ordinances Sales Di cC and adopting the 2009 Edition of ($354.20) the International Energy Conser- vation Code with amendments Mise Fee , ' by The North Central $1 O.00 Tt - <as Council of Governments; establishing a penalty; and autho- rizing publication. 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 Net Amount $48.64 to $500.00. Each day any violation shall continue shall constitute a separate offense punishable here- under. Additionally, civil penalties ````��411HOI /��,4 V1 of $2,000.00 per day may besoht. � Passed and Approved this 12th ••..��•••• day of December, 2011. 1. ug • /s /Oscar Trevino pua Oscar Trevino - Mayor ATTEST: Cry /s /Patricia Hutson S V Z Patricia Hutson -City Secretary � y APPROVED AS TO FORM (ND LEGALITY: aR • tS�j �, S /s /6eorge Staples George Staples a City Attorney L` THE STATr �i�� •. �,�`•'��`�� County of Tarrant �i�� ' � ;, 3' , ` ` " o Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was publish n the above named paper on the listed dates: BIDS & LEGAL DEPT. TAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, D em er 2011. Notary Public Thank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 319262031 Invoice Amount: $48.64 PO Number: Amount Enclosed: $