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HomeMy WebLinkAbout96-3085BUILDING CODE: AMENDMENT ORDINANCE NO. 96-3085 AN ORDINANCE AMENDING THE CITY OF PLAINVlEW CODE OF ORDINANCES, CHAPTER 6, AMENDING SECTION 6-6, AND 6-17; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, The City of Plainviews Board of Building Code and Fire Code Board of appeals have reviewed Chapter 6. of the City of Plainview Code of Ordinances, Building and; WHEREAS, The Building Code and Fire Code Board of Appeals have made recommendations for the following changes: NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plainview, Texas that: .SECTION I Sec. 6-16. Uniform building code adopted. The 1994 Edition of the "Uniform Building Code," Volume 1, 2 and 3, as copyrighted in 1994, by the International Conference of Building Officials, Whittier, California, as hereinafter amended is specifically adopted as the Building Code of the City of Plainview, Texas, and a copy is attached hereto and incorporated herein by reference as though set out completely in detail. A copy of said Uniform Building Code shall be filed with the city secretary and a copy maintained in the office of the building official of the City of Plainview, Texas,all such copies to be open to public inspection during business hours of the offices where they are maintained, with amendments thereto. Sec 6-17 Amendments to Uniform Building Code. Chapter 1, Section 103 Violation shall be and the same is hereby amended by the addition thereto of a new paragraph which shall read as follows: Any person, Firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and everyday or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or 1 of 8 permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00). Section 107 shall be amended to read as follows: Section 107.2 Any person desiring a building permit shall at the time of filing an application therefore, as provided in Section 301, of this Code, pay to the Building Official a fee as set outby separate ordinance. There shall be no charge for first re-inspection of new building and addition or alterations of old buildings, and when more than one re-inspection is required, a re-inspection fee of $10.00 for each additional re-inspection shall be charged. The re-inspection fee must be paid at the City Hall before a further inspection will be made. Section 107.3 Plan Checking Fees. whenever a plan is required to be submitted by sub-section (b), Section 302 of the "Uniform Building Code" adopted herein, a Plan Checking fee shall be paid to the Building Official at the time of submitting the plans and specifications for checking. Said Plan Checking fee shall be equal to one-half of the Building Permit fee as set out by separate ordinance. Chapter 1 of the "Uniform Building Code", is hereby amended by and adding thereto a section to be known as Section 110 to read as follows: Section 110: (a) No person or persons shall hereafter move any building, house or structure within the limits of the City of Plainview, Texas, where the same shall be moved in, through or upon the streets, alleys, avenues, or public grounds unless said person shall, before moving said building house or structure, secure a permit to do so from the building Official of the City of Plainview, Texas. (b) No person or persons shall hereafter move any building or structure from within or from outside the City limits of the City of Plainview, TexaS, to any place within the City limits of the City of Plainview, Texas, or cause the same to be done, without first obtaining a separate building permit for each building or structure from the Building Official of the City of Plainview, Texas. (c) Whenever any person or persons shall make an application for a building permit for a building or structure which is to be moved from outside the City limits of the City of Plainview, to a place inside the City limits, the said person shall deposit with the Building Official a sum of money equal to twenty-five cents (.25) per mile for each mile necessary to travel from the City limits of Plainview to the building and return to the City limits of the City of Plainview, plus a sum of money equal to the sum of ten dollars ($10.00) per hour based upon the Building Official's estimated time required to make the inspection and in traveling to said building and returning to the City limits of the City of Plainview with a minimum on 2of8 one hour charged on each inspection. Said deposit shall become the property of the City of Plainview and is to pay for the extra expense for inspecting said building and shall not be returned to the person making application regardless of whether or not the Building Permit is issued. Such payment shall be in addition to the regular fees required for issuing a building permit as set out, and prescribed by special ordinance. (d) The Building Official may designate a competent deputy to make such inspection for him, who shall, in such event, be paid the sum of twenty-five cents (.25) per mile for travel outside the city limits of the City of Plainview in making the inspection, plus the amount of ten dollars ($10.00) per hour for each hour of time necessary to make the inspection and travel from the City limits of the City of Plainview to said place where the building or structure to be inspected is located, and return to the City limits with a minimum of 1 hour charge for each inspection. Chapter 3, Section 302.4 is amended by replacing thereto of a new paragraph which shall read as follows: Exception 3; Occupancy Group R building with an attached garage shall not be required to have one hour fire resistive separation between the garage and living quarters. Section 310.4 is amended to add the following exception: EXCEPTION: All escape or rescue windows from sleeping rooms in one or two story single-family residence only shall be classified into windows which have sash that slide in a frame or sash that hinge or pivot in the frame. All windows which slide in the frame shall have a net clear opening of three and eight-tenths (3.8) square feet, with minimum clear opening dimensions of twenty (20) inches either height or width. All windows which pivot in the frame shall have a net clear opening of four and eight-tenths (4.8) square feet, with a minimum dimension of sixteen inches (16"). Where windows are provided as a means of escape or rescue they shall have a finished sill height not more than 44 inches (44") above the finished floor. - ~ 3 of 8 Chapter 18 is amended to replace table 18-I-D to read as follows: Table No. 18-I-D Foundation for Stud Bearing Walls-Minimum Requirements~/~ MINIMUM FOUNDATION Requirenments FOR TYPE V BUILDINGS Numbers Thickness of Width of Thickness Depth Reinforce of floors Foundation Footing of footing below ment supported Wall in inches Undisturbe Steel by Unit d ground foundation3 surface (inches) (inches) Concrete (inches) (inches), Masonry 1 6 8 12 12 16 1/~-3 2 8 8 16 16 18 1/2-4 3 10 12 18 18 24 5/8 - 4 Where unusual conditions or frost conditions are found, footings and foundations shall be as required in Section 1806.1. The ground under the floor may be excavated to the elevation of the top of the 4footing. Foundations may support a roof in addition to the stipulated number of floors. Foundations supporting roofs only shall be as required for supporting one floor. Note: Increase footing two inches in thickness and width for brick veneer. Increase re-enforcing steel by one additional bar and one additional size for brick veneer. All dowel rods to be the same size as re-enforcing steel. Chapter 18 1804.1 General. The classification of the soil under all portions of every building shall be based upon the examination of adequate test borings or excavating made at the site when required by the Building Official. The location of the test boring or excavations and the nature of the sub-surface materials shall be indicated on the plans. Exception. Design criteria for foundation and footing in one and two story building housing groups R-3 and M-1 Occupancies, Type V Construction, where engineering design is not provided shall be set for in Table 8-1-D. 4of8 Sec. 201. Definitions. Whenever the word "municipality" or the word "city" is used in the code adopted by this division, it shall be construed to mean the City of Plainview, Texas. Whenever the words "corporate counsel" or"city attorney" are used in the code adopted by this division, they shall be construed to mean the city attorney of this city. Sec. 6-19. Conflicts In the event of any conflict between the provisions of the code adopted by this division and applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling. Sec. 6-20. Trench excavation safety On all construction projects, public or private, within the boundaries of the City of Plainview or within the extraterritorial jurisdiction, the bid document and the contract shall contain: (1) detailed plans and specifications for adequate safety systems that meet OSHA standards, and (2) a pay item for these safety systems. This requirement shall not apply to persons subject to safety standards adopted under Article 6053-1 V.T.C.S., and subject to the administrative penalty provisions of Article 6053-2, V.T.C.S. Division 2. Dangerous Buildings Sec. 6-26 Adoption. The 1982 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as copyrighted by the international Conference of Building Officials, Pasadena, California, as hereinafter amended is specifically adopted as the "Dangerous Buildings Code" of the city, and is incorporated herein by reference as though set out in detail. A copy of said dangerous building code shall be filed in the office of the city clerk, and a copy shall also be kept in the office of the building official. All such copies to be open to public inspection during business hours of the offices where they are maintained. Sec.6-27 Definitions Whenever the word "municipality" or the word "city" is used in the code adopted by the provisions of this division, it shall be construed to mean the City of Plainview, Texas. Whenever the term "corporate council" or "city attorney" is used in the code adopted by the provisions of this division, it shall be construed to mean the attorney of the city. 5 of 8 Sec. 6-28 Conflicts. In the event of any conflict between the provisions of the code adopted by the provisions of this division and applicable provision of this Code of Ordinances, state law or city ordinance, rule or regulations, the latter shall prevail and be controlling. ARTICLE II1. BOARD OF APPEALS Sec. 6-41. Board of appeals established: membership: procedure. The Board of Appeals shall consist of seven (7) members. All members appointed shall not at the time of appointment or during their term of office serve on any other Authority, board, Commission or Committee of the City of Plainview, without the consent of the City Council, and all members appointed shall be residents of the City of Plainview at the time of their appointment and during their term of office. Sec. 6-42 Name. The board shall be know as City of Plainview Building Code and Fire Code Board of Appeals. Sec. 6-43 Composition. The board of appeals shall consist of seven (7) members. All members appointed shall not at the time of appointment or during their term of office serve on any other authority, board, commission or committee of the City of Plainview. All members appointed shall be residents of the City of Plainview at the time of their appointment and during their term of office. Sec. 6-44 Appointment. The members of the board of appeals shall be appointed by the city council. Three (3) members of the board shall be appointed beginning January 1 in odd- numbered years and four (4) members of the board shall be appointed being January 1 in even-numbered years. Any term of office of any member of the board of appeals expiring other than on December 31 in any year shall be filled by appointment by the city council until December 31 of that year. Sec. 6-45 Terms Each member of the Board of Appeals shall serve for a term of two (2) years. There shall be no limit on the number of terms a member may serve, provided the member is reappointed by the city council. 6of8 Sec. 6-46 Notice of meetings. Each meeting of the Board of Appeals shall be legally posted as required by article 6252-17 VTCS and the mayor, ex-officio members and. members of the board of appeals shall be notified in writing not less than five (5) days prior to the date of any meeting. Sec. 6-47 Mandatory attendance requirement. Each member of the Board shall attend no less than 75% of the regular meetings called by the officers of the Board. The secretary of the Board shall make a quarterly report to the Mayor and City Council showing the attendance of each member of the Board. Any representative failing to attend 75% of the regular meetings legally called during any calendar year without an excused absence, as determined by a majority vote of the board members, shall be automatically disqualified for service on the Board and shall be replaced by the City Council. Sec 6-48 Vacation of office. Should a member of the board of appeals move from the city or otherwise become disqualified for any other reason, he shall vacate the office. Sec. 6-49 Fillin.q vacancies. Vacancies occurring in the membership of the board of appeals shall be filled by appointment for the unexpired term. SECTION II Provisions of the 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 III 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 IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, subsection, sentence provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. 7of8 SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this the / ~ day of ~,~ , 1996. # Lloyd Woods, Mayor ATTEST: n McBeth, ~.~S~c retary ~E ...I~S TO ~ONTENT: Director of Community Services APPROVED AS TO FORM: VtTally~ HatCh, C&y Attorney . - 8 of 8