HomeMy WebLinkAboutO-1996-2079 motion failed/defeated
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ORDINANCE NO. 96-2079-
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AN ORDINANCE ADOPTING NEW BUILDING CODES
(COMPREHENSIVE CONSENSUS CODES, NATIONAL ELECTRICAL
CODE AND INTERNATIONAL CODE COUNCIL) BY AMENDING
CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IT "BUILDING CODES," SECTION 82-31
"ADOPTION"; SECTIONS 82-32 AND 82-33 "AMENDMENTS"; CHAPTER
82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE ill
"PLUMBING CODE" SECTION 82-66 "ADOPTION" AND SECTION 82-67
"AMENDMENTS"; CHAPTER 82 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE IV "ELECTRICAL CODE" DIVISION 5
"STANDARDS," SECTION 82-336 "ADOPTION'; CHAPTER 82
"BUILDINGS AND BUILDING REGULATIONS," ARTICLE V "FUEL GAS
CODE" SECTION 82-381 "ADOPTION'; CHAPTER 82 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE VI "ENERGY CONSERVATION
CODE" ADDING SECTION 82-411 "PURPOSE," SECTION 82-412
"ADOPTION," AND SECTION 82-413 "AMENDMENTS"; CHAPTER 82
"BUILDINGS AND BUILDING CODE REGULATIONS," ARTICLE vn
"MECHANICAL CODE" SECTION 82-441 "ADOPTION,"; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF TIllS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations," Article IT,
"Building Code," Section 82-31 "Adoption," and Section 82-32 and 82-33 "Amendments," of
the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 82. BUILDINGS AND BUD..DING REGULATIONS
ARTICLE ll. BUD..DING CODES
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Ordinance #96-2079-
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Sec. 82-31. Adoption.
Ca) Except as provided in this division, the International Residential Code, 2003 edition,
published by the International Code Council, and the NFP A 5000, Building Construction
and Safety Code, 2003 edition, published by National Fire Protection Association, as
amended in Section 82-32, is 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 of the building codes 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.
(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 of the City's Code
of Ordinances.
Cd) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Original Sec. 82-32 is hereby deleted and replaced with the following:
Sec. 82-32. Residential Code Amendments.
The residential building code adopted in Section 82-31 shall be amended as follows:
Section RIO 1.1 is amended to read as follows:
RIOI.I Title. These provisions shall be known as the Residential Code for One-and
Two-Family Dwellings of the City of La Porte, and shall be cited as such and will be
referred to herein as ''this code".
Section RI03.1 is amended to read as follows:
RI03.1 Creation of Enforcement Agency. The Inspection Services Division, of the
City's Planning Department, shall enforce the building and construction codes of the city.
The Chief Building Official shall be known as the code official.
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Ordinance #96-2079-
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Sec. 82-33. Building Code Amendments.
The building code adopted in Section 82-31 shall be amended as follows:
Section 1.7.1.1 is amended to read as follows:
1.7.1.1 Creation of Department of Building and Safety. The city's Inspection Services
Division shall enforce the building and construction codes of the city. The Chief
Building Official shall bear the title of authority having jurisdiction.
Section 2: That Chapter 82, "Buildings and Building Regulations," Article ill,
"Plumbing Code," Section 82-66 "Adoption," and Section 82-67 "Amendments," of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 82. BUD..DINGS AND BUILDING REGULATIONS
ARTICLE m. PLUMBING CODE
Sec. 82-66. Adoption.
(a) Except as provided in this division, the Uniform Plumbing Code, 2003 edition, published
by the International Association of Plumbing and Mechanical Officials, as amended in
Section 82-67 or as addressed in the plumbing regulations of the NFP A 5000 (Building
Construction and Safety Code), 2003 edition, as adopted by Section 82-31, is 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 the plumbing 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.
(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 of the City's Code
of Ordinances.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
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Previous Sec. 82-67 is hereby deleted and replaced with the following:
Sec. 82-67. Plumbing Code Amendments.
The plumbing code adopted in Section 82-66 shall be amended as follows:
Section 102.1 is amended to read as follows:
102.1 Authority Having Jurisdiction. The city's Inspection Services Division shall
enforce the plumbing and construction codes of the city. The Chief Building Official
shall bear the title of authority having jurisdiction.
Section 3: That Chapter 82, "Buildings and Building Regulations," Article IV,
"Electrical Code"; Division 5 "Standards," Section 82-336 "Adoption" of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 82. BUD..DINGS AND BUILDING REGULATIONS
ARTICLE IV. ELECTRICAL CODE
DIVISION 5: STANDARDS
Section 82-336 is amended to read as follows:
82-336 National Electrical Code - Adoption. The National Electrical Code, 2002 edition,
is hereby adopted as the regulations to govern and to be observed and followed in all
electric wiring and in all electrical construction, installation, repair, alteration, operation
and maintenance of electric wiring, apparatus and fixtures, except for the amendments
adopted in Sections 82-337 through 82-350.
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Ordinance #96-2079-
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Section 4: That Chapter 82, "Buildings and Building Regulations," Article V, "Fuel
Gas Code," Section 82-381 "Adoption" of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE V. FUEL GAS CODE
Sec. 82-381. Adoption.
(a) The city adopts the National Fuel Gas Code, 2002 edition, published by the National Fire
Protection Association and the American Gas Association.. A copy of the fuel gas code
is filed 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.
(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 section Appendix B of the City's
Code of Ordinances.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Section 5: That Chapter 82, "Buildings and Building Regulations," Article VI,
"Energy Conservation Code," Section 82-411 "Purpose," Section 82-412 "Adoption," and
Section 82-413 "Amendments," of the Code of Ordinances, La Porte, Texas, is hereby amended
to read as follows:
The original Article VI. Housing Code, Section 82-411 "Adopted"; is hereby deleted and
replaced with the following.
CHAPTER 82. BUD..DINGS AND BUILDING REGULATIONS
ARTICLE VI. INTERNATIONAL ENERGY CONSERVATION CODE
DMSION 1. GENERALLY
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Ordinance #96-2079-
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Section 82-411. Purpose
This article is declared to be remedial and establishes minimum prescriptive and performance-
related regulation for the design of energy-efficient buildings and structures for the effective use
of energy.
DMSION 2. STANDARDS
Sec. 82-412. Adoption.
(a) The city adopts the International Energy Conservation Code, 2003 edition, published by
the International Code Council, Inc., as amended in Section 82-413. A copy of the
energy conservation code is filed 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.
(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 section Appendix B of the City's
Code of Ordinances.
Sec. 82-413. Amendments.
The energy conservation code adopted in Section 82-412 shall be amended as follows:
Section 101.1 is amended to read as follows:
101.1 Title. This code shown be known as the Energy Conservation Code of the City of
La Porte, and shall be cited as such. It is referred to herein as "this code".
Section 6: That Chapter 82, "Buildings and Building Regulations," Article vn,
"Mechanical Code," Section 82-441 "Adoption" of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
CHAPTER 82. BUILDINGS AND BUD..DING REGULATIONS
ARTICLEVD.~CHAmCALCODE
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Ordinance #96-2079-
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Sec. 82-441. Adoption.
(a) The city adopts the Uniform Mechanical Code, 2003 edition, published by the
International Association of Plumbing and Mechanical Officials. A copy of the
mechanical code is filed 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.
(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 section Appendix B of the City's
Code of Ordinances.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Section 7: 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed guilty ofa misdemeanor and upon
conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS
($2,000.00).
Section 9. This Ordinance shall be effective ninety (90) days after its passage and
approval. 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.
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Ordinance #96-2079-
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Section 10. 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 is
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 Chapter 551, Tx. Gov't 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.
PASSED AND APPROVED this the
day of
. 2004.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
(yt mi 0 () 'f-C{ il-ed - C 3 CoJ. -I! j
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REQUEST FOR CITY COUNCIL AGENDA ITEM
03/08/04
Agenda Date Requested:
Aoorooriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance to adont C3 Construction Codes
Amount Requested:
Budgeted Item: YES NO
Exhibits: Ordinance to adoot ICC Construction Codes
Exhibits: Current Construction Code Amendments
SUMMARY & RECOMMENDATION
Item was placed on the agenda at the request of the Mayor. To allow for incorpomtion of cunent local amendments,
notification/education of contractors and accommodate a transition period, the ordinance identifies an effective date
that is ninety (90) days after its passage and approval.
Action Reauired bv Council:
Approve a Construction Code Adoption Ordinance
l..: 1-- 01-