ORDINANCE NO.    10-393

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS BY ADDING TO ARTICLE IV, CONSTRUCTION CODES, OF CHAPTER 4, BUILDINGS AND CONSTRUCTION, OF SAID CODE A NEW SECTION 4-70, APPLICABILITY, PROVIDING CIRCUMSTANCES UNDER WHICH THE CITY’S CONSTRUCTION CODES ARE APPLICABLE TO REPAIR, MODIFICATION AND ALTERATION OF EXISTING STRUCTURES; BY DELETING ALL OF SECTION 6-152 (b) OF ARTICLE IV, FIRE CODE, OF CHAPTER 6, FIRE PREVENTION AND PROTECTION REGULATIONS, OF THE CODE OF ORDINANCES, AND ADDING A NEW SECTION 6-152 (b) PROVIDING CIRCUMSTANCES UNDER WHICH FIRE SPRINKLER SYSTEMS SHALL BE REQUIRED IN REPAIRS, ALTERATIONS, AND MODIFICATIONS OF EXISTING STRUCTURES;  REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

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            BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE, TEXAS:

            Section 1.        The Code of Ordinances of the City of Bunker Hill Village, Texas is hereby amended by adding to Article IV, Construction Codes, of Chapter 4, Buildings and Construction, to add a new Section 4-70 to read as follows:

            “Section 4-70.             Applicability.

1.      The provisions of this Article shall be applicable to all construction within the City, including all repairs, modifications or alterations of existing structures within the City. In the following circumstances, the repair, modification or alteration of a structure shall require that the entire structure and property on which it is located shall comply with the provisions of this Article: the repair, modification or alteration involves structural modifications, including wall or ceiling board replacement, in rooms constituting more than fifty percent (50%) of the climate controlled square footage of the structure; provided, however, that this section shall not apply to situations where the wall board replacement is for the lowest forty-eight inches (48”) of the first floor of the structure within 60 days of a verifiable water damage event; or

2.      the cost of repair, modification or alteration exceeds fifty percent (50%) of the value of the structure prior to the repair or modification.  For purposes of this section, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District”

Section 2.        The Code of Ordinances of the City of Bunker Hill Village, Texas, is further amended by deleting all of Section 6-152 (b) of Article IV, Fire Code, of Chapter 6, Fire Prevention and Protection Regulations, of said code and adding a new Section 6-152 (b) to Article IV of Chapter 6 of said code to read as follows:

“(1)      (b) Section 903.2 of said code is hereby amended to provide as follows:

            “WHERE REQUIRED. An automatic sprinkler system shall be installed in all new buildings and structures containing an enclosed area of 1,000 square feet or more and built for or to be utilized as one of the Occupancy Classifications defined by the International Fire Code.  Provided however, automatic sprinkler installation shall not be required for additions to existing structures, to structures being renovated or remodeled, or to structures being restored as a result of damage or destruction, unless:

1.      the work involves structural modifications, including wall or ceiling board replacement, in rooms constituting more than fifty percent (50%) of the climate controlled square footage of the structure; provided, however, that this section shall not apply to situations where the wall board replacement is for the lowest forty-eight inches (48”) of the first floor of the structure within 60 days of a verifiable water damage event; or

2.      the cost of the work exceeds fifty percent (50%) of the value of the structure prior to the repair or modification.  For purposes of this section, the value of the structure shall be the average cost per square foot of all new construction within the City for the last three years based on certified values from the Harris County Appraisal District”

            Section 3.        Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2000.00.  Each day of violation shall constitute a separate offense.

            Section 4.        All ordinances or parts of ordinances in conflict or in contradiction herewith are, to the extent of any such conflict or contradiction, hereby repealed.

Section 5.        In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Bunker Hill Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

            PASSED, APPROVED, AND ADOPTED this 15th day of June, 2010.

                                                                        DERRY ESSARY

                                                                        Mayor

ATTEST:

Kelly Johnson

City Secretary