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Home My WebLink AboutO-2005-2079-G (original 1996) ORDINANCE NO. 96-2079-G - 11e;M~~ e AN ORDINANCE ADOPTING THE BUILDING CONSTRUCTION AND SAFETY CODE, 2003 EDITION, BY AMENDING CHAPTER 82, SECTION 82-31, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CONTAINING A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE, CONTAINING A SEVERABILITY CLAUSE, PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That Chapter 82, "Buildings and Building Regulations," Article II "Building Code, " Section 82-31, "Adoption," of the Code of Ordinances is hereby amended and shall hereafter read as follows, to-wit: "CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS ARTICLE II. BUILDING CODES Sec. 82-31. Adoption. (a) Except as provided in this division, the International Residential Code, 2003 edition, published by the International Code' Council, and the Building Construction and Safety Code, 2003 edition, published by the National Fire Protection Association, are adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be controlling in the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use and maintenance of buildings and structures within the city limits. One copy of each building code is on file in the office of the city secretary. (b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail. The City Council finds, determines and declares that the Building Construction and Safety Code, 2003 edition, is a more stringent commercial building code than the International Building Code, 2003 edition. (c) Any person who shall violate any provision of the standards adopted or established in this article shall upon conviction be punished as provided in Appendix B. e e (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances." Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective December 1, 2005. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. 2 e e PASSED AND APPROVED, this 22nd day of August, 2005. ATTEST: Martha A. Gillett City Secretary By: APPROVED: 1Jj~ Z(/ Knox W. AskJ.ns City Attorney CITY OF LA PORTE Alton E. Porter Mayor 3 '/~{K) ~Jj 14~~ - .Enrolled version - Bill Text ~ e e Page 1 of2 X e. : ~J .s S'- b'-OS S.B. No. 1458 AN ACT relating to the adoption of a uniform commercial building code for use in municipalities in the state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 214.211, Local Government Code, is amended by adding Subdivisions (4) and (5) to read as follows: (4) "International Buildinq Code" means the International Buildinq Code promulqated by the International Code Council. (5) "Commercial" means a buildinq for the use or occupation of people for: (A) a public purpose or economic qain; or (B) a residence if the buildinq is a multifamily residence that is not defined as residential by this section. SECTION 2. Section 214.213, Local Government Code, is amended to read as follows: Sec. 214.213. EXCEPTIONS. (a) The International Residential Code and the International Buildinq Code do [~] not apply to the installation and maintenance of electrical wiring and related components. (b) A municipality is not required to review and consider adoption of amendments to the International Residential Code or the International Buildinq Code regarding electrical provisions. SECTION 3. Section 214.214, Local Government Code, is amended.by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as provided by Subsection (c), the [~] National Electrical Code, as it existed on May 1, 2001, is adopted as the municipal [r9&iQgRti31J electrical construction code in this state and applies to all residential and commercial electrical construction applications. (c) The National Electrical Code applies to all commercial buildinqs in a municipality for which construction beqins on or after January 1, 2006, and to any alteration, remodelinq, enlarqement, or repair of those commercial buildinqs. SECTION 4. Subchapter G, Chapter 214, Local Government Code, is amended by adding Section 214.216 to read as follows: S-ec. Z14.2'16. INTERNATIONAL BUILDING CODE. (a) To protect the public health, safety, and welfare, the International Buildinq Code, as it existed on May 1, 2003, is adopted as a municipal commercial building code in this state. (b) The International Buildinq Code applies to all commercial buildin s in a munici alit for which construction -I.- be ins on or after anuar 1 2006 and to an alteration remodelinq, enlarqement, or repair of those commercial buildinqs. Cc) A municipality may establish procedures: (1) to adopt local amendments to the International Buildinq Code; and (2) for the administration and enforcement of the http://www.capito1.state.tx.usltlo/79R/billtextlSB01458F.HTM 8/8/2005 ,'~\.1\.) .,0 1~;)~ - .r..nrouea versIOn - tslll .Lext :- e e International Buildinq Code. (d) A municipality may review and consider amendments made by the International Code Council to the International Buildinq Code after May 1, 2003. (e) A municipality that has adopted a more strinqent commercial buildinq code before January 1, 2006, is not required to repeal that code and may adopt future editions of that code. SECTION 5. Before January 1, 2006, rules shall be established and other actions taken as necessary by municipalities to implement Section 214.216, Local Government Code, as added by this Act. SECTION 6. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2006. (b) This section and Section 5 of this Act take effect September 1, 2005. President of the Senate Speaker of the House I hereby May 11, 2005, by Senate concurred following vote: certify that S.B. No. 1458 passed the Senate on the following vote: Yeas 28, Nays 3; and that the in House amendments on May 26, 2005, by the Yeas 30, Nays 1. Secretary of the Senate I hereby certify that S.B. No. 1458 passed the House, with amendments, on May 23, 2005, by a non-record vote. Chief Clerk of the House Approved: Date Governor http://www.capitol.state.lX.usltlo/79R/billtextlSB01458F.HTM Page 2 of2 8/8/2005 e e ~ ~~t r ~1(~ e e August 17, 2005 Please place the following item on the August 22,2005 agenda requesting the City adopt the C-3 Codes. See attached agenda request. Sincerely, Mike Mosteit, Mayor Pro Tern \ ~}1. ~ Mike Clausen, District 6 Tommy Moser, District 4 J~ ~ ~;fi (/ J n~~~< 111 r() rJ~ I ('(/~ v I rrum P.^:!J CO '\ ~ Y1 - ()Jlv -fY' . on ~ It e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested AUl!ust 12. 2005 Requested By: Mike Mostelt, Mayor Pro Tern, Mike Clausen, District 6 and Tommy Moser, District 4 Department: M~'gr aAd Ci~ CguA~iI Aoorooriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Amount Requested: \ Lf 5 SUMMARY & RECOMMENDATION Budgeted Item: YES NO During recent legislative sessions, legislation was passed mandating that cities adopt the ICC Commercial Building Codes. This new law becomes effective September 1,2005. This will be the last opportunity to allow the City to make a choice on commercial building codes. After the law is effective, the City will be mandated to follow the ICC Codes. Ifwe adopt the C-3 Code, we will be allowed to make changes in the future. As you recall, this item was discussed at length at previous Council meetings. The C-3 Code group commits to waive the cost of the code books and training. This would be a cost savings to the City's budget. We look forward to discussing this and answer any questions you have at the meeting. Should staff have any questions prior to the meeting, feel free to give us a call. Action Required bv Council: Approved the attached Ordinance adopting the C-3 Codes. Approved for City Council Ae:enda ~!::~i~ra~ 'f-/&-tJj- Date