HomeMy WebLinkAboutOrd No. 11-354320
ORDINANCE AMENDMENT
ORDINANCE NO. 11 -3543
AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS, OF THE CITY
OF PLAINVIEW CODE OF ORDINANCES TO ADOPT THE
INTERNATIONAL BUILDING CODE (2009 EDITION), THE
INTERNATIONAL RESIDENTIAL CODE (2009 EDITION), THE
INTERNATIONAL ENERGY CONSERVATION CODE (2009 EDITION),
AND THE INTERNATIONAL EXISTING BUILDING CODE (2009
EDITION), AS THE BUILDING CODES FOR THE CITY OF PLAINVIEW,
HALE COUNTY, TEXAS; REPEALER; CUMULATIVENESS CLAUSE;
CONFLICTS CLAUSE; SEVERABILITY CLAUSE, AND EFFECTIVE
DATE.
WHEREAS, Chapter 6, Buildings, of the Plainview Code of Ordinances sets forth
the minimum standards for building construction; and
WHEREAS, from time to time it is advisable to review the ordinances that
regulate construction of all buildings within the City of Plainview; and
WHEREAS, the Building Trades and Fire Code Board of Appeals has reviewed
staff recommendations on adoption of the 2009 editions of the International Building
Code, the International Residential Code, the International Energy Conservation Code,
and the International Existing Building Code; and
WHEREAS, the 2009 editions of the International Building Code, International
Residential Code, International Energy Conservation Code, and the International
Existing Building Code, with proposed amendments as hereinafter made, have been
duly presented to the City Council; and
WHEREAS, the City Council of the City of Plainview finds that it would not be
detrimental or injurious to the public health, safety or general welfare of the citizens of
the City of Plainview:
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
Chapter 6, Buildings, of the Plainview Code of Ordinances is hereby amended as
follows:
Ord. No. 11 -3543
Chapter 6 Amendment Page 1 of 15
ARTICLE I.
IN GENERAL
Sec. 6 -1. Building permit fees.
1. Minimum permit fee $45.00
2. The City shall charge and collect, and every applicant for a building permit shall
pay the following fees:
a. New commercial or residential construction $0.08 sq ft
b. New construction, additions to existing buildings $0.08 sq ft
c. Alterations to existing buildings see below
d. Building inspection for moved buildings see below
e. Moving permit (to move a building in the City) $45.00
f. Demolition permit $45.00
g. Certificate of Occupancy $25.00
h. Re- inspection or Red Tag fee $25.00
After -hours inspections $25.00
j. Any Inspection Not Listed $45.00
k. Roofing contractor's permit fee $45.00
Automatic fire extinguishing systems $45.00
m Fire alarm systems and related equipment $45.00
n Fire pumps $45.00
o Standpipe systems $45.00
Minimum permit fee plus $1.00 for each One Thousand Dollars ($1,000.00) of
valuation over $10,000.00
Buildings that are to be moved to another location within the City limits
or into the City limits, the inspection fee is based on the hourly rate for
Code Administration, plus 15 plus IRS standard mileage rate.
After hours inspections are between the hours of 5:00 p.m. and 8:00 a.m.
Monday through Friday and all day on weekends and City recognized
holidays.
(Ord. No. 85 -2600, 1, 8- 13 -85; Ord. No. 93 -2951, 3- 10 -93; Ord. No. 94 -2985, 2 -8 -94;
Ord. No. 94 -2995, 5- 24 -94; Ord. No. 98 -3196, 10- 10 -98; Ord. No. 00 -3265, 9- 12 -00;
Ord. No. 03 -3395, 9 -9 -03)
Secs. 642 to 6 -15. Reserved.
Ord. No. 11 3543
ARTICLE II.
BUILDING CODE
Division 1. International Building Code
Sec. 6 -16. 2003 2009 International Building Code adopted.
Chapter 6 Amendment Page 2 of 15
21
22
The 20°3 2009 International Building Code, 2003 International Recidential Codc
and the 20039 International Encrgy Concervation Codc written by the International
Code Council, Inc., as hereinafter amended, is specifically adopted as part of the
Building Code of the City of Plainview, Texas. The same is incorporated herein by
reference as if fully set forth at length.
A copy of said International Building Codes shall be filed with the City Secretary
and a copy maintained in the office of the Chief Building Official of the City of Plainview,
Texas All such copies te-be are open to public inspection during business hours of the
offices where they are maintained, with amendments thereto.
(Ord No. 88 -2757, 10- 25 -88; Amended by Ord. No. 96 -3085 on 8- 13 -96; Ord. No. 98-
3196, 10- 10 -98; Ord. No. 03 -3376, 4- 22 -03; Ord No.04 -3433, 10 -26 -2004)
Sec. 6 -17. Amendments to 2093 2009 International Building Code.
Amendments to the 2009 International Building Code are as follows:
101.1 Title.
Insert "City of Plainview."
101.4. Referenced Codes.
Amend by adding end of paragraph "and as adopted and amended by the
City of Plainview."
Bede
101.4.1. Gas.
Delete: reference to "National Electrical Code" and insert: "International
Fuel Gas Code 2009 Edition."
RI-umbing-Ceele
101.4.2. Mechanical.
Delete: reference to "Uniform Plumbing Code" and insert "International
Mechanical Code 2009 Edition."
Uniform Mechanical Codc
101.4.3. Plumbing.
Delete: reference to "Uniform Mechanical Code" and insert "International
Plumbing Code 2009 Edition."
_ee a
Uniform Plumbing Codc. Change International Private Sewage Dicposal Code to
Ord. No. 11 -3543
Chapter 6 Amendment
Page 3 of 15
101.4.4. Property Maintenance.
Delete: reference to "Uniform Plumbing Code" and insert "International
Property Maintenance Code 2009 Edition
101.4.5 Fire prevention.
Delete: reference to "Life Safety Code" and insert "International Existing
Building Code 2009 Edition."
101.4.6 Fire prevention. Add and currently adopted Life Safety Code to cnd of
International Fire Code.
105.1.1 Annual permit. Delete in its entirety.
105.1.2 Annual permit records. Delete in its entirety.
105.2 Work exempt from permit.
Amend Buildings as follows: 1. One -story detached accessory structures
used as tool and storage sheds, playhouses and similar uses, provided the floor
area does not exceed 200 square feet (18.58m 2). 2. Fences not over 8 feet
(2440 mm) high.
105.2 Work exempt from permit. Change as follows
Electrical:
Delete and replace with the following: Sec Chaptcr 10 City of Plainview
Code of Ordinances
Ga
Mech
Plumbing:
113. Board of Appeals.
Amend to read as follows: City of Plainview Building Trades and Fire Code
Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of
Ordinances.
Ord. No. 11 -3543 Chapter 6 Amendment
Page 4 of 15
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116.6. Unsafe Structures.
Insert to read as follows: Abandoned and substandard structures shall be
subject to the requirements of the City of Plainview Code of Ordinances and
state law.
903 Automatic sprinkler systems
903.2.8 Group R. Amend to read as follows. An automatic sprinkler
system installed in accordance with Section 903.3 shall be provided throughout
all buildings with a Group R fire area. One and two family dwellings shall be
exempt from this requirement.
Nothing in this Ordinance or the adopted Fire Code shall prohibit the installation
of a fire suppression system if the owner of a one or two family dwelling desires
to have one installed, so long as the system is installed according to applicable
NFPA standards.
Chapter /1
4 m_
.•e ee• Lee e
be open on at Icact two sides. Carports that lic outside of building setback lines
ee ee
e -eee
noncombustible material. Carports not open on at I act two sides shall be
garages.
Chapter 14 Exterior Walls
1405.3.2. Masonry. Dcictc this section
Plainview Engineering Dcpt.
Chapter 23 Wood
Table 2308.8(1) Floor joist spans for common lumber species. Delete table and
ping ar as.
Chapter 28 Mechanical
Chapter 29 Plumbing
Dcictc chapter and refer to Chapter 20 City of Plai
Chapter 32- Encroachments into the public right e# way
Section 3202 Encroachments
Ord. No. 11 -3543
Chapter 6 Amendment Page 5 of 15
Sec. 6 -17. Construction Standards for Accessibility to Buildings and Site Facilities.
(a) Standards Adopted. Chapter 11. Accessibility. 2009 Edition of the
International Building Code is hereby adopted. Also, the Texas Accessibility
Standards, TAS, published by the Texas Department of Licensing and
Regulation is hereby adopted to be used in the place of the ICC A117.1
referenced in this Code. When the TAS is silent on a standard or specification
referenced in the International Building Code, then the ICC A117.1 standard shall
apply.
(b) Permits and Inspections. Plans of the proposed installations and
alterations shall be submitted, permits shall be obtained for the proposed work,
the work shall be inspected, and the work shall be completed in accordance with
the International Building Code as adopted.
(c) Responsibility to Comply with Federal and State Laws. Compliance with
federal and state laws addressing accessibility for persons with disabilities shall
be the responsibility of the building designer, builder, and owner. The City of
Plainview's approval of either plans or installations will not relieve a person from
the obligation to comply with either federal or state laws.
(Ord. No. 74 -1614, §5 -12, 8- 27 -74; Ord. No. 77 -2169, §6 -13, 12- 13 -77; Ord. No. 77-
2171, §1, 12- 13 -77; Ord. No. 80 -2426, 3 -12, 12 -8 -80; Ord. No. 82 -2498, 3 -12,
9- 28 -82; Ord. No. 86 -2642, 3 -15, 4- 15 -86; Ord. No. 88 -2757, 1 -13, 10- 25 -88;
Ord. No. 94 -3013, 9- 13 -94; Ord. No. 96 -3085, 8- 13 -96; Ord. No. 98 -3196, 10- 10 -98;
Ord. No. 00 -3265, 9- 12 -00; Ord. No. 04 -3433, 10 -26- 2004.)
Secs.6 -18 to 6 -19. Reserved
Secs. 6 -23 to 6 -25 Reserved
Sec. 6- 26. 2003 2009 International Residential Code adopted.
The 2003 2009 International Residential Code, as written by the International
Code Council, Inc., as hereinafter amended, is specifically adopted as part of the
Building Code of the City of Plainview, Texas. The same is incorporated herein by
reference as if fully set forth at length.
A copy of said International Residential Code shall be filed with the City
Secretary and a copy maintained in the office of the Chief Building Official of the City of
Plainview, Texas. All such copies are open to public inspection during business hours of
the offices where they are maintained, with amendments thereto. (Ord No.04 -3433. 10-
26 -2004)
Sec. 6 -27. Amendments to 2003 2009 International Residential Code.
Ord. No. 11 3543
Division 2. Residential Code
Chapter 6 Amendment Page 6 of 15
25
26
Amendments to the 2009 International Residential Code are as follows:
R101.1 Title
Insert "City of Plainview."
Ri n, ,1 Ti Te. Add City of Plainview
referred to herein as "this code."
R101.2 Scope. Exception is amended as follows:
R105.2 Work exempt from permit.
Amend Buildings as follows: 1. One -story detached accessory structures
used as tool and storage sheds, playhouses and similar uses, provided the floor
area does not exceed 200 square feet (18.58m 2). 2. Fences not over 8 feet
(2440 mm) high.
e
e
exceed 120 sq. ft.
Electrical: Delete and replace with the following: See Chapter 10 City of
Gas: Delete and replace with the following: Scc Chapter 20 City of Plainview
Mechanical: Delete and replace with the following: Sec Chapter 20 City of
Plainview Codc of Ordinances
R112.1. Board of Appeals.
Amend to read as follows: City of Plainview Building Trades and Fire Code
Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of
Ordinances.
SECTION R112 Board of Appeals. Delete and replace with the following: See
Chapter 3 BUILDING PLANNING
table:
Ground Snow Load
Ord. No. 11 -3543
15 psf
Chapter 6 Amendment
Page 7 of 15
Wind Speed 90 mph
Seismic Design Category 0 A
Woathcring Moderate
Frost Line Depth- 16 inches
Termite- Moderate to H avy
Decay None to Slight
Wintcr Design Temperature 18
Ice Shcild Undcrlayment Required- No
Flood Hazards Scc NFIP Firm Maps for Community tt'180275,
Panels 1,2,3,1,5,7,8
Air Freezing Index 350
M an Annual Temperature 58.6 degrees F
R309.4 Carports. Add to first paragraph as follows: Carports shall be open on at
R313.2 One- and two family dwellings automatic fire systems.
Amend to read as City of Plainview Ordinances, Section 11 -52, amending the
International Fire Code, 2009 Edition, at Section 903: "An automatic sprinkler
system installed in accordance with section 903 shall be provided throughout all
buildings with a Group R1, R2, R3 and R4 fire area. One and two family
dwellings shall be exempt from this requirement.
Nothing in this Ordinance or the adopted Fire Code shall prohibit the installation
of a fire suppression system if the owner of a one or two family dwelling desires
to have one installed, so long as the system is installed according to applicable
NFPA standards.
Chapter 4 Foundations
R103.1.7.3 Foundation elevation. On graded sites, the top of any exterior
drainage to thc point of discharge and away from thc structure is provided at all
the street cum iccc
Chapter 5 Floors
ee
and use table R502.3.1(2) for residential sleeping ar as.
Ord. No. 11 -3543
Chapter 6 Amendment
Page 8 of 15
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Ord. No. 11 -3543
located above shelf angles, lintels that arc not protected by caves or patios when
Chapter 10 Chimneys and fireplaces
R1001.1.1. Support. Dcicte and replace with the following: Masonry chimneys
thick and at I ast 4 inches beyond cash side of the exterior dimensions of the
chimney. Thcy shall be reinforced with 2 5/8" rebars in the footing.
R1003.2 Footings and foundations. Dcicte and replace with the following:
1 ast 16 inches thick and at I act 4 inches beyond each side of the exterior
dimensions of the chimney. They shall be reinforced with two (2) 5/8" rebars in
th f
Part IV Energy Conservation
currently adopted International Energy Efficiency Code, Chapter 6 City of
Plainview Codc of Ordinances.
Plainview Codc of Ordinances.
Dart VI_ F G
Ordinances.
Part V it DID �mbing
Chapter 25-32 Plumbing. Delete and replace with the following: Refer to
wee-
Ordinance:
Part VIII Electrical
(Ord. No. 04 -3433, 10 -26 -2004)
Secs. 6 -28 to 6 -30. Reserved.
section.
al Provisions. Delete and replace
Chapter 6 Amendment
Page 9 of 15
Sec. 6 -31. 2003 2009 International Energy Conservation Code adopted.
The 2003 2009 International Energy Conservation Code, as written by the
International Code Council, Inc., as hereinafter amended, is specifically adopted as part
of the Building Code of the City of Plainview, Texas. The same is incorporated herein
by reference as if fully set forth at length.
A copy of said International Energy Conservation Code shall be filed with the City
Secretary and a copy maintained in the office of the Chief Building Official of the City of
Plainview, Texas. All such copies are open to public inspection during business hours of
the offices where they are maintained, with amendments thereto.
Sec. 6 -32. Amendments to 2003 -2009 International Energy Conservation Code.
The 2009 International Energy Conservation Code is hereby amended as
follows:
101.1 Title.
Insert "City of Plainview."
Chapter 1
Division 3. Energy Conservation Code
Energy Conservation Codc of thc City of Plainvie
is referred to herein as "this code
101.2 Scope. Change as follows: This code establishes minimum prescriptive
and performance related regulations for thc design of energy efficient buildings
and structures or portions thereof that provide facilities or shelter; for public
AM! AM
occupancies, as well as those portions of factory and industrial occupancies
design of energy efficient building envelopes and the selection and installation of
energy efficient mechanical, ccrvice water -h ating, electrical distribution and
buildings and structures.
Exceptions:
1) Energy conservation systems and components in existing buildings
shall not be required to comply with this codc, unle^c thc repair,
change of occupancy is to a building or
structure constructed under this codc.
2) Ncw construction of detached accessory buildings and garagcc for
residential occupancies.
1 n� Applicability. Add the following paragraph to thc end of the text:
refer to Chapter 20, City of Plainview Codc of Ordinances, for the currently
Ord. No. 11 -3543
Chapter 6 Amendment
Page 10 of 15
29
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Electrical Code shall be changed throughout this code to refer to Chapter 10, City
108.4. Failure to comply.
Insert:
(a) Penalty. Any person or persons, who erects, installs, alters, or repairs
work in violation of the provisions of this Chapter, or who fails to do any act
required hereby, shall be deemed guilty of a misdemeanor, and upon conviction
hereof, shall be punished as provided in Section 1 -5 of this Code, "General
Penalty; continuing violations Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
(b) Liability of corporations, associations, officers, and agents. Violation of
any of the terms or provisions of this Chapter by any corporation or association
shall be subject to the penalty provided in this Section.
(c) Revocation of licenses or certification. Conviction under the provisions
of this Section shall be deemed just cause for the revocation of any
certification, registration, or license which such person may have or hold
under the provisions of this Section and examinations for reissue of such
certification or license shall be at the discretion of the Board.
(d) Enforcement. The Building Official, the Electrical Inspector, and their
assistants shall be empowered to cause criminal charges to be filed in a court
of competent jurisdiction consistent with the enforcement of this Chapter.
109.1. Board of Appeals.
Amend to read as follows: City of Plainview Building Trades and Fire Code
Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of
Ordinances.
Chapter 3
Table 302.1 Insert the following in the table:
Winter Design Dry bulb
Summcr Design Dry blub
Summer Design Wet bulb
Degree Days H ating
Degree Days Cooling
Climate Zonc 8
Ord. No. 11 -3543
13 degrees F
95 degrees F
68 degrees F
3927
1490
Chapter 5
502.2.1.4 Slab on Gradc Floors. Delete requirement for perimeter insulation for
slab on grade floors
502.2.1.6 Basement Walls. Delete requirement for perimeter insulation on
basement walls.
503.3.3.3 Duct and plenum insulation. Amend Table 503.3.3.3 to allow minimum
supply duct insulation of R 6
Chapter 6 Amendment Page 11 of 15
1 1
Chapter 8
insulation in place of 1" insulation.
grade floors.
802.2.8 Below grade walls. Delete requirement for perimeter insulation on below
grade walls.
803.2.8 Duct and plenum insulation and sealing. Change requirement for tR-8
insulation to R -6 insulation.
(Ord No. 04 -3433, 10 2004
Secs. 6 -33 to 6 -35. Reserved.
Division. 4. Existing Building Code
Sec. 6 -36. 2009 International Existing Building Code
The 2009 International Existing Building Code, as written by the International
Code Council, Inc., as hereinafter amended is specifically adopted as part of the
Building Code of the City of Plainview, Texas. The same is incorporated herein by
reference as if fully set forth at length.
A copy of said International Existing Building Code shall be filed with the City
Secretary and a copy maintained in the office of the Chief Building Official of the City of
Plainview, Texas. All such copies are open to public inspection during business hours of
the offices where they are maintained, with amendments thereto.
Sec. 6 -37. Amendments to 2009 International Existing Building Code.
The 2009 International Existing Building Code is hereby amended as follows:
101.1. Title.
Insert "City of Plainview."
112.1. Board of Appeals.
Amend to read as follows: City of Plainview Building Trades and Fire Code
Board of Appeals. See Chapter 6, Article III of the City of Plainview Code of
Ordinances.
Secs. 6 38 to 6 40. Reserved.
ARTICLE III
BOARD OF APPEALS
Sec. 6 -53. e e :e. e Board of Appeals.
(a) Notice of Appeal. The Building Trades and Fire Code Board of Appeals
shall require notice of appeal in writing stating grounds for appeal and other such
matters. A person directly interested, affected, or aggrieved in decisions made by the
Ord. No. 11 -3543
Chapter 6 Amendment Page 12 of 15
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Chief Building Official or Fire Marshal pertaining to the administration of this Chapter
may request an appeal of such decision before the Board. The appellant, Chief Building
Official, and Fire Marshal shall be given reasonable notice of the time and place of
appeal. In hearing such appeal and reviewing testimony presented, the Board shall not
have the power to waive or set aside the requirements of these Codes.
(b) Appeals from Board's Actions. Any action of the Board may be appealed
by a person directly interested, affected, or aggrieved in the action by written petition
filed with the Board and the City Secretary within twenty -one (21) days of such action
for a hearing before the City Council. The City Council's actions shall be final. Further
appeals may be filed with the nearest court of competent jurisdiction.
_erson, firm or corporation aggrieved by any
interpretation of the Building Codc, Sign Codc, Plumbing Codc, Electrical Codc, Fire Codc
-under these codes shall have the right to make an appcal to the Building Trades and Fire
Codc Board of App Is.
(b) Hearings of thc Board. Within a period of ten (10) days from the filing of
meeting, or if circumstances require, may schedule a special meeting to h ar the
appeal, together with the testimony of all parties concerned, and render a decision
thereon within three (3) days thcr after. In h aring such an app al, the Board shall not
have the power to waive or set aside the requirements of these codes, but shall have
material, shall determine whether standards of this code have been substantially
complied with, considering adequacy, stability, strength, sanitation and safety to the
public h alth and welfare. Any person, firm, or corporation who may be aggrieved by
thc decision of the Board shall a right of app al to the City Council within ten (10) days
from the rendition of such decision. Said app al shall be perfected by written notice
the City Council thereon shall be final. Exccpt that due process shall not be denied and
(c) Advisory Responsibility of the Board. The Board shall submit to the City
Council such recommendation for the improvement and revision of these Codes as it
may from time to time deem necessary and proper in light of the development of new
materials, methods or techniques which would result in a better and more economical
installation. All requests for use of materials or methods not covered in these Codes
shall be fully supported by factual evidence, or prior approval, from a recognized testing
agency or such impartial qualified authority acceptable to the Board.
(d) Licensing. The Board shall set requirements for licensing of various
trades as they pertain to the City of Plainview.
(Ord. No. 00 -3265, 9- 12 -00)
SECTION II
All ordinances or parts of ordinances inconsistent with any provisions of this
ordinance are hereby repealed to the extent of such conflict, and the provisions of this
ordinance shall be and remain controlling as to the matters regulated herein.
Ord. No. 11 -3543
Chapter 6 Amendment Page 13 of 15
SECTION III
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
SECTION IV
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION V
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable by
a court of law or administrative agency with jurisdiction over the matter, such action shall
not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is not intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
SECTION VI
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED on first reading this 20 day of January, 2011.
PASSED AND APPROVED on second reading this 25 day of January, 2011.
ATT T:
Belinda Hinojosa, City Secre
Ord. No. 11-3543
ohn C. Anderso Mayor
Chapter 6 Amendment Page 14 of 15
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APPROVED AS TO CONTENT:
Delwin R. Derrick, Chief Building Official
APPROVED AS TO FORM:
Leslie Spear Pearce, ity Attorney
Ord. No. 11 -3543
Chapter 6 Amendment Page 15 of 15