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1993-059ORDINANCE NO. O AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF OR- DINANCE OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") PROVIDING FOR ADOPTION OF THE UNIFORM BUILDING CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING CODE, 1991 EDITION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 28-27 of Article II of Chapter 28 of the Code of Ordinances of the City of Denton, Texas are hereby amended to read as follows: Sec. 28-27. Adoption of building code. The Uniform Building Code, 1991 Edition, as published by the International Conference of Building Officials, a copy of which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the Building Code of the City, the same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in section 28-28. SECTION II. That Section 28-28 of Article II of Chapter 28 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sec. 28-28. Deletions and amendments The building code adopted by section 28-27 is amended to read as follows: (1) Section 204, Board of Appeals. Section 204 is deleted. (2) Section 301(x), Permits Required. Section 301(a) is amended to read as follows: Except as specified in subsection (b) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official. A separate electrical, plumbing, mechanical and one (1) driveway approach permit shall not be required when a building permit for a new one- or two-family dwelling of four thousand five hundred ninety-nine (4,599) square feet or less in floor area or for an apartment complex is issued. Individual building, electrical, plumbing, and mechanical permits are required for additions, remodels and repairs to one- and two-family dwellings and apartment build- ings. (3) Section 304(b), Permit Fees. Section 304(b) is amended to read as follows: The fee for each permit shall be as set forth in section 309 and Tables Nos. 3-A and 3-B as set forth in section 28-28(9), (10)(a) and (b), and (11) of the Code of Ordinances. (4) Section 304(c), Plan Review Fees. The second sentence of Section 304(c) is amended to read as follows: For Group R. Division 3 Occupancies, the plan review fee shall be 10 percent of the building permit fee as shown in Table 3- B. For all other occupancies, the plan review fee shall be 50 percent of the building permit fee as shown in Sec. 309 and Table 3-A. (5) Section 304(f), Fee Refunds. The third paragraph of Section 304(f) is amended to read as follows: The building official may authorize a refund of up to 100 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before plan review is completed. (6) Section 305(g), Reinspection. The fourth paragraph of Section 305(g) is amended to read as follows: To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule titled, "Other Inspections and Fees," Section 28-28(10)b of the Code of Ordinances, and then request an inspection in the manner prescribed by the building official. (7) Section 307, Structural Observation. Section 307 is amended by changing 3107 to 307. (8) Section 308(a), Use and Occupancy. Section 308(a) is amended to read as follows: Section 308(x), Use and Occupancy. No building or structure shall be used or occupied, and no change in use, tenancy or occupancy classification of a building or portion thereof shall be made until the building official has issued a Cer- tificate of Occupancy therefor as provided herein. A new Certificate of Occupancy shall also be required when a change of ownership of an operating business occurs. The business may continue to operate until the Certificate of occupancy is 2 issued. Such businesses shall be inspected in a timely manner by the building official or his designee and the owner shall make any necessary repairs within a time period determined by the building official to be reasonable. Exception: 1. Group R, Division 3 and Group M occupancies. Issuance of a Certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances. Certificates presuming to give autho- rity to violate or cancel the provisions of this Code or other ordinances of the City shall not be valid. (9) Section 309, Apartment Building Permit Fees. Section 309 is added to the Uniform Building Code, to read as follows: A permit fee shall be calculated for each multifamily apartment building by multiplying the floor area as defined in the Uniform Building Code by 11.4088 cents per square foot. (10) Table No. 3-A, Building Permit Fees. Table No, 3-A is amended to read as follows: Table 3-A Permit Fees for Nonresidential Buildings and Additions and Repairs to Residential Buildings a. Total Valuation $1 to $500 $501 to $2,000 Fee $5 $5 for the first $500, plus $1 for each additional $100 or fraction thereof, to and including $2,000. $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $20 for the first $2,000, plus $4 for each additional $1,000 or fraction thereof, to and including $25,000. $112 for the first $25,000, plus $3 for each additional $1,000 or fraction thereof, to and including $50,000. $187 for the first $50,000, plus $2 for each additional 3 $1,000 or fraction thereof, to and including $100,000. $100,001 to $500,000 $287 for the first $100,000, plus $1.50 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 and up $887 for the first $500,000, plus $1 for each additional $1,000 or fraction thereof. To establish building permit fees for all new construction and additions other than new one- and two-family dwellings of four thousand five hundred ninety-nine (4,599) square feet or less in floor area and multifamily dwellings, multiply eleven dollars ($11.00) by the total square footage under roof, enter that valuation into Table No. 3-A and increase the results by one-half. To establish building permit fees for all alter- ations, fire damage, repairs, remodeling, and accessory buildings, multiply six dollars fifty cents ($6.50) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half. b. Other Inspections and Fees: (1) Inspection requested and performed before or after normal working hours (minimum charge of one (1) hour), per hour .................$15.00 (2) Reinspection fee assessed under the provisions of section 305(g), each ....................$15.00 (3) Inspection for which no fee is specifically indicated (minimum charge of one-half hour), per hour ...................................$15.00 (4) Certificate of occupancy inspection for other than new buildings, each .............$18.00 (5) Issuance of Certificate of Occupancy for new building excluding Group R, Division 3 Occupancies ..............................$10.00 (6) Reroofing of any building ............$20.00 (11) Table No. 3-B, Permit Fee Schedule for New One- and Two- Family Dwellings. Table No. 3-B is created to read as follows: 4 Table 3-B Permit Fee Schedule for New One- and Two-Family Dwellings Each half of a two-family dwelling shall be treated as a separate building for the purpose of determining permit fees: TOTAL SQUARE FT. TOTAL SQUARE FT. UNDER ROOF FEE UNDER ROOF FEE 0-1272 $255.30 2800-2818 367.76 1273-1299 261.30 2819-2899 372.26 1300-1363 265.44 2900-2909 375.94 1364-1399 271.44 2910-2999 380.44 1400-1455 274.58 3000 380.68 1456-1544 280.58 3001-3090 385.18 1545-1636 286.58 3091-3099 389.68 1637-1727 292.58 3100-3181 395.28 1728-1799 298.58 3182-3199 399.78 1800-1818 301.02 3200-3272 403.10 1819-1899 307.02 3273-3299 407.60 1900-1909 307.29 3300-3363 411.17 1910-1999 313.29 3364-3399 415.67 2000 313.63 3400-3454 417.65 2001-2090 319.63 3455-3499 422.15 2091-2099 325.63 3500-3545 426.62 2100-2181 326.42 3546-3599 431.12 2182-2199 332.42 3600-3636 436.36 2200-2272 333.74 3637-3699 440.86 2273-2299 338.24 3700-3727 446.05 2300-2363 339.11 3728-3818 450.55 2364-2399 343.22 3819-3909 455.05 2400-2454 346.36 3910-4000 459.55 2455-2499 350.86 4001-4090 464.05 2500-2545 353.21 4091-4199 478.55 2546-2599 357.71 4200-4272 483.05 2600-2636 358.76 4273-4363 487.55 2637-2699 363.26 4364-4454 492.05 2700-2727 363.26 4455-4545 496.50 2728-2799 367.76 4546-4599 499.55 (12) Section 503(4), Fire Ratings for occupancy separations, Exception Item 3. Section 503 (d), Exception 3 is amended to read as follows: 3. In the one-hour occupancy separation between Group R, Division 3 and Group M Occupancies, the separation may be limited to the installation of not less than one-half inch thick gypsum board construction on the garage side and a weather-stripped door will be permitted in lieu of 5 a one-hour fire assembly. Eire dampers shall not be required in ducts piercing -this separation for ducts constructed of not less than No. 26 gauge galvanized steel. The separation requirements stated in Section 3802 (b) (2) Exception 1 shall apply if exception is being used to avoid the installation of approved automatic fire sprinkler systems. (13) Section 504(b), Fire Resistance of Walls. Section 504(b) is amended by changing the last sentence of the first paragraph to read as follows: The above provisions shall not apply to walls at right angles to the property line or to Group A, Division 3 or 4, Group B and Group R Occupancies which are equipped throughout with an approved automatic sprinkler system and are at least 10 feet from the property line. (14) Section 705(c), sanitation. Section 705(c) is amended by adding a new sentence at the end of the first paragraph to read as follows: Retail stores and office type occupancies having not more than 15 employees shall provide at least 1 unisex handicap water closet. (15) Section 1718, Energy Conservation in New Building Construction. Chapter 17 is amended by adding a new section 1718 to read as follows: a. Exterior bottom plates must be sealed with construction adhesive or caulking. b. Door and window frames must be sealed and caulked. C. All exterior wall penetrations (pipes, etc.) must be sealed and caulked. d. All holes and spaces in top plates must be sealed. e. All exterior walls must be insulated with insulation having a minimum R-11 value. f. Attic areas must be insulated with insulation having a minimum R-19 value. g. No cracks shall be permitted in exterior wall sheathing. All joints in sheathing not over solid framing shall be sealed with materials to stop air infiltration. 6 Exception: Group R, Division 1 Apartment Buildings. Listed below are minimum requirements for apartment buildings: a. Exterior bottom plates must be sealed with construction adhesive or caulking. b. Door and window frames must be sealed and caulked. C. All exterior wall penetrations (pipes, etc.) must be sealed and caulked. d. All holes or spaces in top plates must be sealed. e. All exterior walls shall provide a minimum R-19 insulation value. f. Attic areas over conditioned areas shall be insulated with insulation having a minimum R-30 value where electrical resistance heating is used and a minimum R-26 value when other heating means are used. g. No cracks shall be permitted in exterior wall sheathing. All joints not over solid framing shall be sealed with materials to stop air infiltration. h. One (1) layer of minimum four-mil plastic sheeting shall be applied to the framing behind the wall finish material at all walls surrounding conditioned areas. i. No cooling equipment shall be installed which has a SEER rating of less than 9.0. j. All hot water heating devices shall be contained in an insulation blanket (either internally or externally) which has a minimum R-10 value. k. All exterior windows and sliding glass patio doors shall have double glazing. 1. Unshaded west-facing glass shall not exceed twenty (20) percent of the total exterior glazed area in any individual apartment. Glass facing west or up to forty- five (45) degrees either north or south of due west shall be deemed to face west. The following are acceptable shading installations: (1) Fixed or operable louvers; (2) Grilles; (3) Shade-producing screens and roofs; or 7 (4) Mature undisturbed tree(s) which will provide a minimum of fifty (50) percent shading on the glass in question when the sun angle is thirty (30) degrees above the horizontal and due west. Other methods which will provide a minimum fifty (50) percent shading may be acceptable. (16) Section 2506(h), Lateral Support. Section 2506(h) is amended to read as follows. Solid-sawn rectangular lumber beams, rafters and joists shall be supported laterally to prevent rotation or lateral dis- placement in accordance with the following: If the ratio of depth to thickness, based on nominal dimensions, is: a. Two (2) to one (1), no lateral support is required. b. Three (3) to one (1) or four (4) to one (1), the ends shall be held in position, as by full-depth solid blocking, bridging, nailing or bolting to other framing members, approved hangers or by other acceptable means. C. Five (5) to one (1), one (1) edge shall be held in line for its entire length or by other acceptable means. d. Six (6) to one (1), bridging, full-depth solid block, cross bracing installed at intervals not exceeding eight (8) feet unless both edges are held in line or the compression edge of the member is supported throughout its length to prevent lateral displacement, as by adequate sheathing or subflooring, and the ends and all points of bearing have lateral support to prevent rotation or by other acceptable means. e. Seven (7) to one (1), both edges shall be held in line for their entire length or by other acceptable means. If a beam is subject to both flexure and compres- sion parallel to grain, the ratio may be as much as 5 to 1 if one edge is held firmly in line. If under any combination of load the unbraced edge of the member is in tension, the ratio may be 6 to 1. In lieu of providing lateral support by the methods specified in Items 2 through 5 above, the allowable 8 stresses shall be reduced by the slenderness factor set forth in Section 2504(c)6. (17) Section 2516(f)4B(ii), Two or more dwelling units and hotels. Section 2516(f)4B(ii) is amended by deleting exception 2 and adding a new exception 2 to read as follows: 2. Draft stops may be omitted in combustible attic space in Group R, Division 1 Occupancies which are equipped with an approved automatic sprinkler system throughout. (18) Section 2516(f)4B(iii), other Uses. Section 2516(f)4B(iii) is amended by amending the exception to read as follows: Draft stops may be omitted in combustible attic space in group A, Division 3 and 4 and Group B Occupancies which are equipped with an approved automatic sprinkler system throughout. (19) Section 2903, Excavations and Fills. Section 2903 is amended by adding a new paragraph (c) to read as follows: (c) Trench Safety. Notwithstanding any other provision of this code, on all construction projects, public or private, within the boundaries of the city or its extraterritorial jurisdiction, the bid documents and the contract shall contain: (1) detailed plans and specifications for adequate safety systems that meet occupational Safety and Health Administration standards, and (2) a pay item for those safety systems. This requirement shall not apply to persons subject to safety standards adopted under Tex. Rev. Civ. Stat. art.6053-1, and subject to the administrative penalty provisions of Tex. Rev. Civ. Stat. Ann. art. 6053-2. (20) Section 3201(a), General. Section 3201(a) is amended to read as follows: Roofs shall be as specified in this code and as otherwise required by this chapter. Untreated or fire-retardant treated wood shingles or shakes shall be prohibited. Exception: The roof covering on existing dwellings and structures with wood shingles and shakes may be repaired with factory treated fire-retardant wood shingles or shakes. The roof covering on additions made to existing dwellings and structures with existing wood shingles or shakes may be of factory treated fire-retardant shingles or shakes. 9 (21) Section 3304(c), Type of Lock or Latch. Section 3304(c) is amended by adding an exception 3 to read as follows: 3. Group B, Division 2 Occupancies in existence prior to the adoption of the 1991 edition of the Uniform Building Code which have an occupant load of less than 100 shall be permitted to continue the use of existing manually operated edge or surface mounted flush bolts and surface bolts on the inactive leaf of a pair of doors which were in existence prior to adoption of the 1991 edition of the Uniform Building Code. There shall be a readily visible, durable sign on or adjacent to the doors stating: These doors to remain unlocked during business hours. The sign shall be in letters not less than one inch high on a contrasting background. (22) Section 3305(g), Construction. Section 3305(g) is amended by adding an exception 8 to read as follows: 8. Corridor walls and ceilings need not be of fire- resistive construction within buildings of Group A, Divisions 3 and 4, Group B and Group R Occupancies which are equipped with an approved automatic sprinkler system throughout. (23) Section 3305(h)l, Doors. Section 3305(h)1 is amended by adding exception 3 to read as follows: 3. Self-closing or automatic closing smoke and draft control assemblies need not be installed in buildings of Group A, Division 3 and 4, Group B and Group R Occupancies which are equipped with an approved automatic sprinkler system throughout. (24) Section 3305(h)2, Openings other than doors. Section 3305(h)2, is amended by adding exception 2 to read as follows: 2. Protection of openings as required by this section is not required in Group A, Divisions 3 and 4, Group B and Group R Occupancies which are equipped with an approved automatic sprinkler system throughout. (25) Section 3317(4), Panic Hardware. Section 3317(d) exception 1 is deleted. (26) Section 3801, Scope. Section 3801 is amended to read as follows: (a) All fire-extinguishing systems including automatic sprinkler systems, Class I, Class II and Class III standpipe systems, combined systems, special automatic 10 extinguishing systems and basement pipe inlets shall be approved and shall be subject to such periodic tests as may be required. The fire department marshal shall approve the location of all fire-department hose connections. (27) Section 3802, Fire-extinguishing Systems. Section 3802 is amended to read as follows: (a) An automatic sprinkler system shall be installed in the occupancies and locations set forth in this section. All such installations shall be in accordance with N.F.P.A. Standard 13, N.F.P.A. Standard 13A, N.F.P.A. Standard 13D, and N.F.P.A. Standard 14, and the Supplemental Sprinkler Rules of the State Board of Insurance, as the same may be amended or supplemented from time to time. (b) An automatic sprinkler system shall be installed: (1) In all buildings constructed after June 1, 1991, of noncombustible construction having 10,000 or more square feet of total floor area, regardless of type of construction, height, area separation walls, exterior wall openings, or occupancy group. (2) In all buildings constructed after June 1, 1991, of combustible construction having 5,000 or more square feet of total floor area regardless of type of construction, height, area separation walls, exterior wall openings, or occupancy group. Exceptions: 1. When the combined heated and cooled and non-heated and-cooled areas of a single family dwelling equal or exceed a floor area of 5,000 square feet, the building must be provided with an approved automatic fire extin- guishing system throughout. The automatic fire extin- guishing system may be omitted when the non-heated and- cooled areas are separated from the heated and cooled areas by minimum one-hour fire-resistive construction which extends from the lowest floor level to the roof deck. Any openings within such separation shall be pro- tected by minimum one-hour fire assemblies. This excep- tion applies only when such separation will provide a heated and cooled floor area of less than 5,000 square feet. 2. Apartment buildings and two family dwellings having 5,000 square feet or more of floor area need not be 11 provided with an automatic fire sprinkler system, provided such buildings are separated into areas of less than 5,000 square feet by vertical, four-hour, fire resistive, non-load bearing walls. Such walls shall have no penetrations and shall extend from the foundation to a point at least 30 inches above the roof and shall extend to the outer edges of horizontal projecting elements such as balconies, roof overhangs, canopies or architectural projections. (3) In all basements constructed after June 1, 1991, regardless of size, construction type, or occupancy group except in Group R, Division 3 Occupancies. (4) In the following Group H Occupancies: a. Division 1. An automatic fire-extin- guishing system shall be installed in build- ings classified as Group H, Division 1 occu- pancies larger than 1500 square feet in floor area. b. Division 2. An automatic fire-extin- guishing system shall be installed in Group H. Division 2 Occupancies exceeding 1500 square feet in area. An automatic fire-extinguishing system shall be installed in rooms of buildings classified as Group H, Division 2 Occupancies when flam- mable or combustible liquids are stored or handled in excess of the quantities set forth in Table No. 9-A of the Uniform Building Code, or any combination of flammable liquids exceeds 240 gallons. An automatic fire-extinguishing system shall be installed in paint spray booths or rooms. C. Division 3. An automatic fire-extin- guishing system shall be installed in build- ings classified as Group H, Division 3 Occu- pancies larger than 3,000 square feet in floor area. d. Division 4. An automatic fire-extin- guishing system shall be installed in build- ings classified as Group H, Division 4 Occu- pancies more than one story in height. 12 e. Division 6. An automatic fire-extin- guishing system shall be installed throughout buildings containing Group H, Division 6 Occupancies. (5) In all Group I Occupancies. (6) The owner(s) of any building which existed or which was under construction, or of any site for which a building permit has been issued prior to June 1, 1991 shall be required to install an auto- matic fire sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if: a. the total square footage of such addition when combined with the total square footage of all previous additions and enlargements to the building constructed after June 1, 1991 cause the building to exceed 10,000 square feet of total floor area; and b. the total square footage of all such addi- tions to the building exceeds by more than twenty-five percent (25%) the total floor area which existed, or which was under construc- tion, or for which a building permit was issued prior to June 1, 1991. Additions required to comply with the provisions of laws or ordinances containing health, or safety regulations enacted after June 1, 1991, shall not be counted in calculating the footage under this section. (c) All persons wishing to install automatic sprinkler or standpipe systems within the city limits of the City of Denton shall furnish proof to the Fire Marshal prior to the beginning of any work that such persons meet or exceed all state and local requirements for sprinkler installers. (1) All least two (2) copies of working drawings shall be furnished at the time of application for a building permit. No building permit shall be issued unless the plans for the automatic fire sprinkler or standpipe system have been approved. However, the building official may issue a permit for the preparation or construction of a foundation and associated underground plumbing and electrical work prior to receipt of the working drawings. 13 (2) A temporary Certificate of Occupancy may be issued if the fire sprinkler system is operational and has been approved by the Fire Marshal. A permanent Certificate of Occupancy shall be issued only after at least two sets of as-built drawings and hydraulic calculations are submitted to the Fire Marshal for final approval. If rate credit is to be received, these copies shall include the stamped approval of the State Board of Insurance. The temporary Certificate of Occupancy shall be valid for a period not to exceed one-hundred twenty (120) days from the date of issuance and any corrections to the fire sprinkler system which are required by the State Board of Insurance shall be completed within the one-hundred twenty (120) day period for which the temporary Certificate of Occupancy is valid. (3) A representative of the Fire Department shall witness all pressure tests of systems. The contractor's responsible managing employee must be present at all acceptance tests. (d) No alterations to systems or to buildings having approved systems shall be made prior to submittal and approval of plans for such alterations or additions. (e) All riser control valves shall be able to be locked in an open position and shall be maintained at all times in the locked, open position unless otherwise approved by the Fire Marshal. (f) All connections to the City's main shall be designed in accordance with figure B-2-3.1, Connection for Domestic Water, N.F.P.A. 13, except that an approved check valve shall be required in the underground yard main near its connection to the domestic water main. (28) Section 3804, Permissible sprinkler omissions. Sections 3804(a) and (b) are amended to read as follows: (a) Subject to the approval of the Fire Marshal, sprinklers may be omitted in rooms or areas when the application of water to the contents may constitute a serious threat to life or fire hazard. (b) Group R, Divisions 1 (except hotels and motels) and 3 shall be permitted to install N.F.P.A. Standard 13D systems. (29) Section 3805, Standpipes. Section 3805 is amended to read as follows: 14 (a) General. Standpipes shall comply with the requirements of N.F.P.A. Standard 14, latest edition. (b) Where Required. A Class III standpipe shall be required in all buildings three (3) or more stories in height. In buildings equipped with automatic sprinkler systems, the requirement of hose and hose cabinets may be waived if approved by the Fire Marshal. (30) Section 3808, Water Capacity Required. Section 3808 is added to the Uniform Building Code to read as follows: Every development shall provide adequate water capacity for fire protection purposes. Unless buildings in the development are provided with fire protection by means of automatic sprinkler systems in accordance with Chapter 28 of the Code of ordinances, each development shall provide the following minimum water capacity (calculated with 20 pounds of residual pressure): Area G.P.M. High-intensity commercial and industrial 3,000 Medium-intensity commercial 11500 Medium-intensity residential 750 Low-intensity residential 500 If sufficient water supplies exist to satisfy automatic fire sprinkler demands as calculated by the Insurance Services Office Firef low Formula, as amended, the minimum water capacity as indicated above may be reduced by fifty percent (50%), except that in no case shall the minimum capacity be reduced to less than 500 gallons per minute. (31) Section 3809, Violations. Section 3809 is added to the Uniform Building Code to read as follows: A person commits an offense if the person: (a) Tampers with, damages or renders inoperable an automatic sprinkler system, standpipe, or alarm device. (b) Shuts off a standpipe or automatic sprinkler system without prior approval from the Chief of the Fire Department. (32) Section 3810, Fire Lane. Section 3810 is added to the 15 Uniform Building Code to read as follows: The fire lane shall be extended to within fifty feet (501) of all portions of the exterior walls of the first story of any unsprinkled building. For buildings which are equipped with an automatic sprinkler system throughout, the fire lane shall extend to within fifty feet of the fire department hose connection. (33) Section 4204(a), General. Section 4204(a) is amended by adding exception 4 and shall read as follows: 4. Where approved automatic sprinkler protection is provided in Group A, Divisions 3 and 4, Group B and Group R Occupancies, the flame-spread classification rating may be reduced to Class III. (34) Section 4306(j), Fire Dampers. Section 4306(j) 5 is amended by adding exception 2 and shall read as follows: 2. Fire damper protection of heating, ventilation and air conditioning duct penetrations of corridor walls, ceilings or floors is not required in Group A, Divisions 3 and 4, Group B and Group R Occupancies which are equipped with an approved automatic sprinkler system throughout. SECTION III. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 16 PASSED AND APPROVED this the C0~ay of A , i~. /993 Castleberry, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH ASS0005C 17