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
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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
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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.
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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.
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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.
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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.
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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.
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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
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