HomeMy WebLinkAboutOrdinance No. 09-1791
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1791
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6, ARTICLE I, SECTION 6-1.1, BY DELETING ALL
REFERENCES TO THE INTERNATIONAL BUILDING CODE,
2003 EDITION, AND THE AMENDMENTS THERETO AND
PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL
BUILDING CODE, 2006 EDITION; PROVIDING AMENDMENTS
TO THE INTERNATIONAL BUILDING CODE, 2006 EDITION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be,
and the same is, hereby amended by amending Chapter 6, Article I, Section 6-1.1, by
deleting all references to the International Building Code, 2003 Edition with the
appendices and the amendments thereto and providing for the adoption the International
Building Code, 2006 Edition, and the amendments thereto, which shall read as follows:
"ARTICLE 1. IN GENERAL
Sec. 6-1.1. International Building Code, 2006 Edition adopted and amended.
(a) Adoption. The International Building Code, 2006 Edition with the
appendices, as published by the International Code Council is hereby adopted by
reference. Unless deleted, amended, expanded or otherwise changed herein, all
provisions of such code shall be fully applicable and binding.
(b) Amendments.
Section 101.4; change to read asfollows:
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
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said code and standard shall be considered to reference the amendments as well. Any
reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as
adopted.
Section 109.3.5; delete.
Section 202; add a new definition to read as follows:
HIGH-RISE BUILDING. A building having any floor used for human occupancy
located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle
access.
Section 304.1; add the following to the list of occupancies:
Fire stations
Police stations with detention facilities for 5 or less
Section 403.1; change to read asfollows:
403.1 Applicability. The provisions of this section shall apply to buildings with an
occupied floor located more than '+!j. 55 feet (22 860 16 764 mm) above the lowest level
of fire department vehicle access.
Section 403.1, exception #3; change to read asfollows:
3. Open air portions of buildings Buildings with an occupancy in Group A-5 in
accordance with Section 303.1
Section 403.2, exception #2; delete.
Section 404.1.1; change definition of "Atrium" asfollows:
ATRIUM. An opening connecting twe three or more stories. . . (Balance
remains unchanged)
Section 406.1.4; add item #4 to read asfollows:
4. A separation is not required between a Group R-2 and U carport provided that
the carport is non-combustible and entirely open on all sides and that the distance
between the two is at least 10 feet (3048 mm)
Section 406.2.7 Change reference section as follows:
406.2.7 Mixed Separation. Parking garages shall be separated from other occupancies in
accordance with Section ~ 508.
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Section 406.6.1; add a second paragraph to read asfollows:
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-maior repair. When the repair garage is only involved in
such minor repair, it need not comply with Section 406.6.2.
Section 506.2.2; add a sentence to read asfollows:
In order to be considered as accessible, if not in direct contact with a street or fire lane, a
minimum lO-foot wide pathway from the street or approved fire lane shall be provided
for hose lay measurement pathway requirements.)
Section 508.2.1, change to read as follows:
508.2.1 Occupancy Classification. An incidental use area shall be classified in
accordance with the occupancy of that portion of the building in which it is located.:....ffi
the building shall be classified as a mixed occupancy and shall comply 'Nith Section
~
Exception: Incidental use areas within and serving a dwelling unit are not
required to comply with this section.
Section 508.3.1 Exception #2: Change to read asfollows:
Assembly areas that are accessory to Group E Occupancies are not considered separate
occupancies except when applying the assembly occupancy requirements of Chapters 10
and 11.
Table 602; amend footnote b by the addition of the following sentence:
b. For special requirements for Group U occupancies see Section 406.1.2.
Group R-3 and Group U when used as accessory to Group R-3, as
applicable in 101.2 shall not be required to have a fire-resistance rating
where fire separation distance is 3 feet or more. Group R-2 and Group U
carport, as applicable in 406.1.4, exception 4 shall be required to have a
fire-resistance rating where fire separation distance is 10 feet or less.
Section 705.11; change the exception to read asfollows:
Exception: For other than hazardous exhaust ducts, Penetrations penetrations by
ducts and air transfer openings of. . . {remainder of exception unchanged}.
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Section 706.3.9; change to read asfollows:
706.3.9 Single oeeapaney fire Fire areas. The fire barrier or horizontal assembly, or
both, separating a single occupancy occupancies into different fire areas shall have a fire-
resistance rating of not less than that indicated in Table 706.3.9 for a single occupancy
and the most restrictive value indicated in Table 706.3.9 shall apply to the entire building
or portion thereof for a mixed occupancy.
Section 707.2; change exception number 7 as follows:
7. In other than Groups 1-2 and 1-3, a shaft enclosure is not required for a floor opening
or an air transfer opening that complies with the following:
7.1. Does not connect more than two stories.
7.2. Is not part of the required means of egress system, except as permitted in
Section 1020.1.
7.3. Is not concealed within the building construction.
7.1. Is not open to a corridor in Group I and R occupancies.
7.5. Is not open to a corridor on nonsprinklered floors in any occupancy.
~ 7.4 Is separated from floor openings and air transfer openings serving other
floors by construction conforming to required shaft enclosures.
++ 7.5 Is limited to the same smoke compartment.
Section 716.5.2; add exception #4 to read asfollows:
4. In the duct penetration of the separation between the private garage and its
residence when constructed in accordance with Section 406.1.4, exception #2.
Section 901.6.1.1 Standpipe Testing; add section to read asfollows:
901.6.1.1 Standpipe Testine:. Building owners/managers must utilize a licensed fire
protection contractor to test and certify standpipe systems. In addition to the testing and
maintenance requirements of NFPA 25 applying to standpipe systems, the following
additional requirements shall be applied to the testing that is required every 5 years:
1. The piping between the Fire Department Connection (FDC) and the standpipe shall
be hydrostatically tested for all FDC's on any tyPe of standpipe system. Hydrostatic
testing shall also be conducted in accordance with NFP A 25 requirements for the
different types of standpipe systems.
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2. For any manual (dry or wet) standpipe system not having an automatic water
supply capable of flowing water through the standpipe, the contractor shall connect
hose from a fire hydrant or portable pumping system (as approved by the fire code
official) to each FDC, and flow water through the standpipe system to the roof
outlet to verify that each inlet connection functions properly. There is no required
pressure criteria at the outlet. Verify that check valves function properly and that
there are no closed control valves on the system.
3. Any pressure relief, reducing, or control valves shall be tested in accordance with
the requirements of NFP A 25.
4. If the FDC is not already provided with approved caps, the contractor shall install
such caps for all FDC's. Contact the Fire Marshal for additional information.
5. Upon successful completion of standpipe test, the contractor shall place a blue tag
(as per "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department
of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules,
28 TAC ~ 34.720. Inspection, Test and Maintenance Service (lTM) Tag") at the
bottom of each standpipe riser in the building. An example of this tag is located at
the end of this SOP. The tag shall be check-marked as "Fifth Year" for Type of
ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a
mmlmum.
6. The contractor shall follow the procedures as required by "Texas Administrative
Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34.
State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC" with regard to
Yellow Tags and Red Tags or any deficiencies noted during the testing, including
the required notification of the local Authority Having Jurisdiction (Fire Marshal).
7. Additionally, records of the testing shall be maintained by the owner and
contractor, as required by the State Rules mentioned above and NFP A 25.
8. Standpipe system tests where water will be flowed external to the building shall not
be conducted during freezing conditions or during the day prior to expected night
time freezing conditions.
9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and
III standpipe systems where employees are not trained in the utilization of this fire
fighting equipment. All standpipe hose valves must remain in place and be
provided with an approved cap and chain when approval is given to remove hose by
the fire code official.
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Section 901.7; change to read asfollows:
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 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 approved fire watch shall be provided for all
occupants left unprotected by the shut down until the fire protection system has been
returned to service.
Section 903.2; delete the exception.
Add Section 903.2.8.3 to read as follows:
903.2.8.3 Self-service storae:e 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.
Amend Section 903.2.10 to read asfollows:
[F] 903.2.10 Windowless stories in all All occupancies except e:roups R-3 and U. An
automatic sprinkler system shall be installed in the locations set forth in Sections
903.2.10.1 through 903.2.10.1.3.
Exeeption: Group R 3 and Group U.
Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4,903.2.10.5, and 903.2.10.6 as
follows:
903.2.10.3 Buildings more than SS 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 Buildinf! Code, ha'/ing an occupant
load of 30 or more that is located ~ 35 feet (16 761 10 668mm) or more above the
lowest level of fire department vehicle access.
Exception:
1. Airport control to'.vers.
~Open parking structures in compliance with Section 406.3.
3. Occupancies in Group F 2.
903.2.10.4 Hie:h-Piled Combustible Storae:e. For any building with a clear height
exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.
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903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying
rooms shall be protected by an approved automatic fire-extinguishing system.
903.2.10.6 Buildin2s Over 6.000 SQ.ft. An automatic sprinkler system shall be installed
throughout all buildings with a building area over 6,000 sq.ft. For the purpose of this
provision, fire walls shall not define separate buildings.
Exceptions:
1. Open parking garages in compliance with Section 406.3 of the International
Buildinf! Code.
2. Group A-5 occupancies.
Section 903.3.1.1.1; change to read asfollows:
903.3.1.1.1 Exempt locations. When approved by the code official, automatic
,\utomatic 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
roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.
1. In rooms or areas that are of noncombustible construction '.'lith wholly
noncombustible contents.
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 903.4; 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 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.
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Section 903.4.2; add second paragraph to read as follows:
The alarm device required on the exterior of the building shall be a weatherproof
horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as
close as practicable to the fire department connection.
Add Section 903.6 to read asfollows:
903.6 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.
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.
Add Section 905.3.8: Building Area.
905.3.8: Buildin2 Area. In buildings exceeding 10,000 square feet in area per story,
Class I automatic wet or manual wet standpipes shall be provided where any portion of
the building's interior area is more than 200 feet (60960 mm) of travel, vertically and
horizontally, from the nearest point of fire department vehicle access.
Exception: Automatic dry and semi-automatic dry standpipes are allowed as
provided for in NFPA 14.
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. . . {remainder of paragraph unchanged} . . .
Section 905.9; add a second paragraph after the exceptions to read asfollows:
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.
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Add Section 907.1.3 to read asfollows:
907.1.3 Design Standards. All alarm systems new or replacement serving 20 or more
alarm actuating devices shall be addressable fire detection systems. Alarm systems
serving more than 40 smoke detectors or more than 100 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.
Section 907.2.1 change to read as follows:
907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies
having an occupant load of 300 or more persons or more than 100 persons above or
below the lowest level of exit discharge. Portions of Group E occupancies occupied for
assembly purposes shall be provided with a fire alarm system as required for the Group E
occupancy.
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.
Section 907.2.3; change exception #1 and add exception #1.1 to read asfollows:
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.)
Section 907.2.12; change to read as follows:
907.2.12 High-rise buildings. Buildings having a floor used for human occupancy
located more than '+!j. 55 feet (22 860 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.
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Section 907.2.12, exception #3; change to read as follows:
3. Buildings with an occupancy in Group A-5 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 907.4; add a second paragraph to read as follows:
Manual alarm actuating devices shall be an approved double action type.
Add Section 907.6.1 to read asfollows:
907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a
failure of any single initiating device or single open in an initiating circuit conductor will
not interfere with the normal operation of other such devices. All initiating circuit
conductors shall be Class "A" wired with a minimum of six feet separation between
supply and return circuit conductors. IDC - Class "A" Style D; SLC - Class "A" Style 6;
NAC - Class "B" Style y. The IDC from an addressable device used to monitor the
status of a suppression system may be wired Class B, Style B provided the distance from
the addressable device is within lO-feet of the suppression system device.
**Section 907.8.2; change to read asfollows:
907.8.2 High-rise buildings. In buildings that have a floor located more than '+!j. 55 feet
(22 860 16 764 mm) above the. . . {remainder of section unchanged}.
Section 910.1; Amend exception 2 to read asfollows:
2. Where areas of buildings are equipped with early suppression fast-response
(ESFR) sprinklers, only manual smoke and heat vents shall be required within
these areas. Automatic smoke and heat vents shall not be required 'Nithin these
af8aS-;-
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Section 910.2.4; Add Section 910.2.4 Group H, to read asfollows:
910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as
follows:
1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000
square feet (1394 m2) in single floor area.
Exception: Buildings of noncombustible construction containing only
noncombustible materials.
2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid
oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4
unstable (reactive) materials, or Class 2 or 3 water-reactive materials as required for a
high-hazard commodity classification.
Exception: Buildings of noncombustible construction containing only
noncombustible materials.
Table 910.3; Change the title of the first row of the table to read asfollows:
[F] TABLE 910.3
REQUIREMENTS FOR DRAFT CURTAINS AND SMOKE AND HEAT VENTS a
MAXIMUM
MAXIMUM VENT. MAXIMUM DISTANCE
DESIGNATED MINIMUM AREA AREA SPACING TO
OCCUPANCY DRAFT TO- VENTS
GROUP AND STORAGE CURT AIN FORMED OF
FLOOR FROM
COMMODITY HEIGHT DEPTH BY DRAFT VENT
-AREA WALL OR
CLASSIFICATION (feet) (feet) CURTAINS CENTERS
(square feet) RATIO (feet) DRAFT
c CURTAINS
b
(feet)
Group F-l.....H 0.2 X Hd 50,000 1:100
- but 2: 4 120 60
and S-l
(Balance of
table remains
unchanged)
Section 910.3.2.2; Add second paragraph to read asfollows:
The automatic operating mechanism of the smoke and heat vents shall operate at a
temperature rating at least 100 degrees (F) (approximately 38 degrees Celsius) greater
than the temperature rating: of the sprinklers installed.
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Section 913; add section to read asfollows:
SECTION 913
FIRE PUMP ROOM
913.1 General. Where provided, fire pumps shall be installed in a room designed and
constructed in accordance with this section, Section 913 of the International Fire Code
and NFP A 20.
When located on the ground level at an exterior wall, the fire pump room shall be
provided with an exterior fire department access door that is not less than 3 ft. in width
and 6 ft. - 8 in. in height, regardless of any interior doors that are provided. A key box
shall be provided at this door, as required by Section 506.1 of the International Fire
Code.
Exception: When it is necessary to locate the fire pump room on other levels or not
at an exterior wall, the corridor leading to the fire pump room access from the exterior
of the building shall be provided with equivalent fire resistance as that required for
the pump room, or as approved by the fire code official. Access keys shall be
provided in the key box as required by Section 506.1 of the International Fire Code.
Section 1004.1.1; Delete exception asfollows:
1004.1.1 Areas without fixed seating. The number of occupants shall be computed at
the rate of one occupant per unit of area as prescribed in Table 1004.1.1. For areas
without fixed seating, the occupant load shall not be less than that number determined by
dividing the floor area under consideration by the occupant per unit of area factor
assigned to the occupancy as set forth in Table 1004.1.1. Where an intended use is not
listed in Table 1004.1.1, the building official shall establish a use based on a listed use
that most nearly resembles the intended use.
Exeeption: Vlhere approved by the building official, the actual number of
occupants for whom each occupied space, floor or building is designed, although
less than those determined by calculation, shall be permitted to be used in the
determination of the design occupant load.
Section 1017.1; add an exception #5 to read asfollows:
5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive
construction within office spaces of a single tenant when the space is equipped with an
approved automatic fire alarm system within the corridor. The actuation of any detector
shall activate alarms audible in all areas served by the corridor.
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Section 1020.1.7; change to read asfollows:
1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or
405, each of the exits of a building that serves ~ stories-y where the floor surface is located
more than '+!j. 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 asfollows:
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.
Section 1109.2.1; change to read asfollows:
1109.2.1 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
afHl or female water closets is- are required provided. In buildings of mixed occupancy,
onl y those water closets. . . {remainder of section unchanged}.
Section 1210.2, exception #2; change to read asfollows:
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 Plumbinf! Code.
Table 1505.1; replace footnotes band c with thefollowing:
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 sq.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 2308.2.3 to read as follows:
2308.2.3 Application to en2ineered desi2n. When accepted by the Building Official,
any portion of this section is permitted to apply to buildings that are otherwise outside the
limitations of this section provided that:
1. The resulting design will comply with the requirements specified in Chapter
16;
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2. The load limitations of various elements of this section are not exceeded; and
3. The portions of this section which will apply are identified by an engineer in
the construction documents.
Section 2901.1; add a sentence to read asfollows:
The provisions of this Chapter are meant to work in coordination with the provisions of
Chapter 4 of the International Plumbinf! Code. Should any conflicts arise between the
two chapters, the Building Official shall determine which provision applies.
Section 2902.1; change to read asfollows and add sub sections:
2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type
of occupancy and in the minimum number as follows:
1. Assembly Occupancies: At least one drinking fountain shall be provided at
each floor level in an approved location.
Exception: A drinking fountain need not be provided in a drinking or
dining establishment.
2. Groups A, B, F, H, L M and S Occupancies: Buildings or portions thereof
where persons are employed shall be provided with at least one water closet
for each sex except as provided for in Section 2902.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table
2902.1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table
2902.1.
It is recommended, but not required, that the mmlmum number of fixtures
provided also comply with the number shown in Table 2902.1. Types of occupancies not
shown in Table 2902.1 shall be considered individually by the building code official.
The number of occupants shall be determined by this code. Occupancy classification
shall be determined in accordance with Chapter 3.
Section 2902.6; add an exception to read as follows:
2902.6 Finish material. Finish materials shall comply with Section 1210.
Section 3109.1 ; add a section to read asfollows:
3109.1 General. Swimming pools shall comply with the requirements of this section and
other applicable sections of this code. Provisions of this section shall not be deemed to
nullify any provisions of state law or state code.
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"
SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in
this ordinance, or application thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of The Colony, Texas hereby
declares it would have enacted such remaining portions despite any such invalidity.
SECTION 3. That the repeal of any ordinance or any portion thereof by the
preceding sections shall not affect or impair any act done or right vested or accrued or
any proceeding, suit or prosecution had or commenced in any cause before such repeal
shall take effect; but every such act done, or right vested or accrued, or proceedings, suit
or prosecution had or commenced shall remain in full force and effect to all intents or
purposes as if such ordinance or part thereof so repealed shall remain in force.
SECTION 4. That any person, firm or corporation violating any of the
provisions of this ordinance or the Code of Ordinances as amended hereby, shall be
guilty of a misdemeanor and upon conviction in the Municipal Court of the City of The
Colony, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such offense is continued shall
constitute a new and separate offense.
SECTION 5. That this ordinance shall become effective immediately from and
after its passage and the publication of the caption, as the law and charter in such cases
provide.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this the 19th day of January, 2009.
~
~ vJ 1;v/~JY1
Christie Wilson, City Secretary
~ ~oO!l
~~~
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