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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 Page 1 TM 33462.76.000 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. Page 2 TM 33462.76.000 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}. Page 3 TM 33462.76.000 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. Page 4 TM 33462.76.000 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. Page 5 TM 33462.76.000 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. Page 6 TM 33462.76.000 903.2.10.5 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. Page 7 TM 33462.76.000 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. Page 8 TM 33462.76.000 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. Page 9 TM 33462.76.000 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-;- Page 10 TM 33462.76.000 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. Page 11 TM 33462.76.000 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. Page 12 TM 33462.76.000 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; Page 13 TM 33462.76.000 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. Page 14 TM 33462.76.000 " 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 ~~~ , ..v" Page 15 TM 33462.76 (I()(J