HomeMy WebLinkAboutO-1996-2079-C rejected
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ORDINANCE NO. 96-2079-C ~~. 'df.rj Dl/l / () 3
1D(Jf t;(o/J. -Iv cAlJufc
AN ORDINANCE ADOPTING NEW BUILDING COD S BY AMENDING WOflS/r.()!
CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA /YI e~/ll/-)
PORTE; BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING /'
REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31
"ADOPTION"; SECTIONS 82-32 AND 82-33 "AMENDMENTS"; CHAPTER
82 "BUILDINGS AND BUILDING REGULATIONS," SECTIONS 82-35 AND
82-36 "INSURANCE REQUIREMENTS"; 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" DMSION 3 "PERMITS," DMSION 4
"INSPECTIONS," DMSION 5 "STANDARDS," SECTION 82-336
"ADOPTION" AND SECTIONS 82-337 - 82-350 "AMENDMENTS;
CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE V
"FUEL GAS CODE" SECTION 82-381 "ADOPTION" AND SECTION 82-382
"AMENDMENTS"; 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 VII "MECHANICAL CODE"
SECTION 82-441 "ADOPTION," AND SECTION 82-442 "AMENDMENTS";
CHAPTER 82 "BUILDINGS AND BUILDING CODE REGULATIONS,"
ARTICLE VIII "DANGEROUS BUILDINGS" SECTION 82-471
"SUBSTANDARD BUILDING DEFINITION," PROVIDING A REPEALING
CLAUSE; CONTAINlNG A SAVINGS CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUll..TY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FlNED 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:
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Section 1: That Chapter 82, "Buildings and Building Regulations," Article II,
"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 BUILDING REGULATIONS
ARTICLE II. BUILDING CODES
Sec. 82-31. Adoption.
(a) Except as provided in this division, the lnternational Residential Code, 2000 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 ofthe health and safety ofthe 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.
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:
Code Deletions:
Sect. RI05.2 - Work Exemptfrom Permit: Delete sections under building category.
Exemption #1 - One-story, detached accessory building structures, not over 200 sq. feet
Exemption #2 - Fences not over 6 feet in height
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Exemption #3 - Retaining walls not over 4 feet in height
Exemption #4 - Water tanks supported directly upon grade, not over 5000 gallons
Exemption #5 - Sidewalks and driveways not more than 30 inches above grade
Sect. 110.3 - Certificate Issued: Delete items to be noted on Certificate of Occupancy.
Requirement #4 - Description of area for which the Certificate is issued
Requirement #5 - Additional statement saying inspections confirmed compliance
Requirement #6 - The building official's name
Requirement #7 - The edition of the code under which the permit was issued
Requirement #8 - If an automatic sprinkler system is provided
Requirement #9 - Any special stipulations and conditions of the building permit
Sect. R 112 - Board of Appeals:
(Includes Rl12,2 thru Rl12.4)
Delete sections noted, Amendment to Rl12.l Board of
Appeals is included in amendment section.
Sect. R302.1 - Exterior Walls:
Delete exception. This exception addresses exemption
items noted in Sect. R105.2 ordinance deletion.
Sect. R309.5 -Flood hazard
areas:
Delete section. (City has separate flood regulations)
Sect. R327 - Flood Resistant
Construction:
Delete entire section, (City has separate
flood regulations)
Chapters 33 - 42 - Electrical:
Delete all chapters. Governor deleted and
designated use of the residential sections of the 1999
National Electrical Code (NEC).
Code Additions and/Or Amendments:
Sect. R10l.l- Title:
Add iurisdiction - City of La Porte
Sect. R I 03 - Creation of Department
of Building Safety:
Amend section to show
Inspection Services Division.
Sect. R108.2 - Schedule of permit fees:
Amend to show fees as per Appendix A of
Code of Ordinances.
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Sect. Rl 08.6 - Work commencing
before permit issuance:
Sect. 110.3 - Certificate Issued:
Sect. R112.1 - General:
Sect. R301.2; Table 301.2(1) - Climatic
and Geographic Design Criteria:
Ground Snow Load - 0
Wind Speed (mph) -115
Flood Hazards-
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Add: Any person who commences any
work on a building, structure, electrical, gas,
mechanical or plumbing system before
obtaining the necessary permits shall be
required to pay a doubled permit fee.
Amend #3 to show only owner's name.
Amend to show appeals to be handled by the Board
of Adjustment as established by Sect. 106-86 of the
City's Code of Ordinances.
Add:
Seismic Design Category -(A)
Winter Design Temp, - 320
April 09, 1987; October 28, 1996
Subiect to Damage from:
Weathering
Frost Line Depth
Negligible
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Sect. R306.5 - Laundry:
Sect. R905.7 - Wood Shingles:
Sect. R905,8 - Wood Shakes:
Termite
Decay
Very Heavy
Moderate to Severe
Add new section. Each dwelling unit shall be
provided with washer and dryer connections,
Add new sentence, For fire safety reasons, the use
of wood shingles is prohibited, Delete all sections
and tables,
Add new sentence, For fire safety reasons, the
use of wood shakes is prohibited. Delete all
sections and tables.
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Sect. 02414.9 (404.9) - Minimum burial
depth:
Sect. 02416.4 (406.4) - Test pressure
measurement:
Sec. 82-33. Building Code Amendments.
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Add exception. Non-metallic pipe shall be installed
with a minimum depth of 18 inches below grade.
Add new sentence at the end. Test gauges shall be
in accordance with the City's typed "Oas Piping
Inspection Policy".
The building code adopted in Section 82-31 shall be amended as follows:
Code Deletions:
Section 1. 7.3 - Board of Appeals,'
(Includes Sections 1.7.3.1 thru
1.7.3,8,2)
Section 1,7.4 - Liability (Board)
(Including Section 1.7.4.1 & 1.7.4,2)
Delete sections. City Zoning Board of Adjustment
is available and development of a Building and
Standards Commission is being considered,
Delete sections. Board issues addressed separately.
Section 1.7,6.1.1.1- Work Exemptfrom Permit,.
Delete Exemptions noted, Conflicts with zoning
and emergency egress regulations.
Accessory structures
Fences
Cases, counters and partitions
Exemption #4
Exemption #5
Exemption #6
Chapter 12 - Accessibility:
Chapter 22 - One- and Two-Family
Dwellings:
Chapter 39 - Flood-Resistant Design
and Construction,'
Delete chapter. Allow Federal and State
Regulations to govern,
Delete chapter, Due to State mandate, International
Residential Code will govern,
Delete chapter. City has separate flood regulations.
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Chapter 51 - Energy Efficiency:
Delete chapter, Due to State mandate, International
Energy Conservation Code will govern.
Section 52.2 - Flood Resistance
(Electrical Systems):
Delete section. City has separate flood regulations.
Section 53.2 - Flood Resistance
(Plumbing Systems):
Delete section, City has separate flood regulations,
Code Amendments and/or Additions:
Section 1.3,1 is amended to include the following exception:
1.3.1 Buildings and Structures. The provisions of the Code shall apply to the
construction, alteration, repair, equipment, use and occupancy, maintenance, relocation,
and demolition of every building or structure, or any appurtenances connected or attached
to such buildings or structures within the jurisdiction.
Exception: One & two family dwellings that are regulated by a state mandated code.
Section 1.3,2 is amended to read as follows:
1,3.2 References to Requirements of Other Codes or Standards. Except in the case of
Federal, State and/or local city regulations, where the requirements of a referenced code
or standard differ from the requirements of this Code, the more stringent shall apply.
Section 1.5,8 is amended to read as follows:
1,5.8 Appeal. Any person whose request for use ofaltemative systems and materials or
methods of design has been refused by the authority having jurisdiction shall be
permitted to appeal to the Zoning Board of Adjustment.
Section 1,7.1.1 title and language is amended to read as follows:
1.7.1.1 Authority Having Jurisdiction, The Inspection Services Division, under the
direction of the Chief Building Official, shall be responsible for enforcing the building
and construction codes of the city. The Chief Building Official or his/her duly authorized
representative(s) shaH be known as the authority having jurisdiction for the application of
the codes,
Section 1.7,6.8.1.3 is hereby added and shall read as follows:
1.7.6.8,1,3 Zoning Permit in lieu of Certificate of Occupancy for an Existing Building or
Space, It shall be unlawful to make any change in the use or occupancy of any existing
structure and/or space to be used for a commercial purpose which would make it subject
to any special provision of this and any other applicable code, without first obtaining a
Zoning Permit from the city, This permit is required prior to any release of utilities
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(electrical, gas or water) being approved by the City, If there is no change within the Use
Group Classification by the new occupant of any existing structure to be used for a
commercial purpose, the existing off-street parking requirements shall be deemed to be
adequate. A landscaping site plan shall be submitted to the City and subject to approval
by the Director of Planning. A Zoning Permit shall be approved only after application is
made and all codes deemed in compliance after inspection by the Chief Building Official
and the Fire Marshal or their designated representatives, Such permit shall be indicative
that the structure or space meets the intent of the provisions of law governing building
regulations for the proposed new occupant/occupancy and that such change does not
result in any greater hazard to the public safety or welfare,
Section 13.1,1 amended to read as follows:
13,1.1 General. No part of any structure or any appendage thereto shall project beyond
the property lines of the building site,
Amend Table 38.1.3.1 - Roofing
Materials Standards:
For fire safety reasons, delete all references to
Wood Shakes and Wood Shingles,
Section 52,1 amended to read as follows:
52.1 General. All electrical systems and equipment shall be designed and constructed in
accordance with NFP A 70, National Electrical Code and any local electrical code
amendments.
Previous Sec, 82-33 is hereby re-numbered as follows:
Sec. 82-34. Effect of Building codes' provisions.
Whenever any provision of the building code adopted by this article and any provision of
this Code apply to the same situation or are in conflict, the most restrictive shall govern.
See. 82-35. Liability insurance requirements for holder of permits for moving of buildings.
This section was previously known as Sect, 82-34 is hereby re-numbered and amended as
follows:
The holder of a permit for the moving of a building shall be required to carry liability
insurance in the following sums:
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(1) The minimum sum of $50,000.00 for injury or death of one person, or $100,000,00
for injury or death to more than one person from anyone accident; and
(2) The minimum sum of $1 00,000.00 for property damage for anyone accident.
The holder is responsible for ensuring the city is provided with a certificate of insurance
that identifies the city as the "certificate holder". Certificate shall include a statement that a
written notice of cancellation, of not less than ten (10) days prior to the date of such policy
cancellation, shall be provided to the city. No moving (site placement) permit shall be issued
unless such insurance is in full force and effect.
Sec. 82-36. General and building contractors; liability insurance requirements.
This section was previously known as Sect. 82-35 is hereby re-numbered and amended as
follows:
a) No permit shall be issued for any general or building contracting work, as such work
is defined with the building codes, adopted in Sect. 82-31, until the contractor or his employer
shall have arranged to carry the following insurance.
(1) Workers' compensation insurance on each and every one of his employees as
required and in accordance with the provisions of the state Workers'
Compensation Act.
(2) Public liability insurance to the extent of $50,000,00 for anyone accident, and
$100,000.00 for anyone person; and
(3) Property damage insurance to the extent of $10,000,00 for anyone accident, and
$100,000.00 in the aggregate,
b) Such insurance shall be written by an accredited company under the supervision of the
board of insurance commissioners of the State of Texas.
c) The contractor is responsible for ensuring the city is provided with a certificate of
insurance that identifies the city as the "certificate holder". Certificate shall include a statement
that a written notice of cancellation, of not less than ten (10) days prior to the date of such policy
cancellation, shall be provided to the city, No permit shall be issued unless such insurance is in
full force and effect.
Original Sections 82-36 through 82-65 is hereby re-numbered and amended to read as follows:
Sections 82-37 --- 82-65, Reserved.
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Section 2: That Chapter 82, "Buildings and Building Regulations," Article III,
"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. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. PLUMBING CODE
Sec. 82-66. Adoption.
(a) Except as provided in this division, the Uniform Plumbing Code, 2000 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 ofthe 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.
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:
Code Deletions:
Section 103.4,2 - Plan Review Fees,'
Delete. If applicable, plan review fees are collected
as part of the original project permit submittal and
approval.
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Section 103.4.4 - Investigation Fees,'
Work Without a Permit
(Includes Sections 103.4.4.1 & 103.4.4,2)
Delete sections. Permit fee schedule allows for
doubling of permit fee to address work started
without a permit.
Code Amendments and/or Additions:
Section 103.4.1 - Permit Fees:
Amend language. Fees shall be assessed in
accordance with the provisions of this section and
Appendix A of the City's Code of Ordinances.
Section 103.4.2 -Expiration ofP/an Review,
This section was previously known as Section 103.4.3 and is hereby re-numbered due to
a deletion,
Section 103.4.3 - Fee Refunds,
This section was previously known as Section 103.4,5 and is hereby re-numbered due to
deletions,
Section 3: That Chapter 82, "Buildings and Building Regulations," Article IV,
"Electrical Code"; Division I "Generally," Division 2 "Licenses and Certificates," Division 3
"Permits," Division 4 "Inspections," Division 5 "Standards," Section 82-336 "Adoption," and
Sections 82-337 - 82-350 "Amendments," of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IV, ELECTRICAL CODE
DIVISION 3: PERMITS
Section 82-282. Application and Issuance.
This section is hereby amended to read as follows:
a) The application for a permit shall describe the work to be done and shall be made in
writing by a master electrician or his company representative. The permit, when
issued, shall be issued to such applicant to cover such work as described and detailed.
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Any changes or additions must be covered by additional permits at the time changes
are made, The application shall be accompanied by such plans, specifications and
schedules as may be necessary to determine whether the installations, as described,
will be in confonnity with the requirements of this article.
b) Ifit is found that the installation, as described, will, in general, conform to the
requirements of this article, and if the applicant has complied with all provisions of
the ordinances ofthe city, a permit for such installation shall be issued, The issuance
ofa permit will not be taken as permission or as a license to violate any of the
requirements of this article or any other ordinance of the city,
c) Any person who commences any work on the electrical system before obtaining the
necessary permit shall be required to pay a doubled fee.
d) Before a permit is issued, fees shall be paid in amounts established by the city and
listed in Appendix A of the City's Code of Ordinances.
e) The inspector may issue and enforce any rules or regulations he/she may deem
necessary covering the granting of emergency permits, where real emergencies exist.
t) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Original Section 82-284 is hereby re-numbered and amended to read as follows:
82-283 Insurance requirements,
a) No permit shall be issued until the master electrician shall have arranged to carry the
following insurance:
1) Worker's compensation insurance on each and everyone of his employees
in accordance with the provisions of the Worker's Compensation Act of
the state;
2) Public liability insurance to the extent of$50,000,OO for anyone accident
and $100,000.00 for anyone person; and
3) Property damage insurance to the extent of $1 0,000.00 for anyone
accident and $100,000,00 in the aggregate.
Such insurance shall be written by an accredited company under the supervision of the
board of insurance commissioners of the State of Texas.
b) Evidence of compliance with the insurance requirements of subsection (2) of this
section shall be considered as having been met when a certificate of insurance has
been filed with and approved by the City. Such policy shall include an endorsement
thereon that the city will be notified at least ten days in advance in the event of the
policy being cancelled,
Original Sections 82-285 through 82-305 is hereby re-numbered and amended to read as follows:
Sections 82-284 --- 82-305, Reserved,
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DIVISION 4: INSPECTIONS
Section 82-307 is amended to read as follows:
82-307 Entry upon private property, The inspector shall have the right from 8:00 a.m, to
5:00 p.m, (Monday-Friday) or in emergency situations, to enter any building in the
discharge of his official duties or for the purpose of making any inspection, reinspection
or test of the installation of electrical wiring, apparatus, devices, appliances, fixtures and
electrical equipment contained therein, and shall have the authority to cause the turning
off of all electrical currents and to cut or disconnect in cases of emergency any wire
where such electrical currents are dangerous to life and property, or where such wires
may interfere with the work of the fire department. The inspector is hereby empowered
in emergencies to disconnect and to order the discontinuance of electrical service to any
electric wiring, apparatus, device, appliance, fixture or equipment found to be dangerous
to life or property because of its being defective or defectively installed or otherwise not
in conformity with the provisions of this article until such wiring, apparatus, device,
appliance, fixture and equipment and their installation have been made safe as directed by
him/her in conformity with this article,
Section 82-308 is amended to read as follows:
82-308 Installations to be concealed. When any part ofa wiring installation is to be
concealed by the permanent placement of parts of a building, the master electrician to
whom the permit has been issued shall notify the inspector, provided that on such
installation as the concealment of parts of the wiring must, in the discretion of the
inspector, necessarily proceed continuously, the master electrician to whom the permit
has been issued shall give the inspector due notice, and inspection shall be made
periodically during the progress of the work. Where, in the discretion of the inspector, it
is necessary, he shall post notice upon the premises stating that work is approved and
may be covered, or is not approved and may not be covered, until such further inspection
as is necessary has been made. Any person destroying, altering or defacing such notice
without the consent of the inspector, shall be deemed guilty of an offense under this
section, and any work described in the notice shall be stayed pending the further
necessary inspection, Upon the completion of the work which has been authorized by the
issuance of a permit, it shall be the duty of the master electrician to whom the permit has
been issued to immediately notify the inspector, who shall inspect such installations
within three days, exclusive of weekends and holidays, of the time such notice is given,
Original reserved Sections 82-313 through 82-335 is amended to read as follows:
82-312 --- 82-335, Reserved.
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Ordinance #96-2079-C
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.
Section 82-342 is amended to read as follows:
82-342 Wiring within buildings.
(a) Nonmetallic sheathed cable shall be used only for residential work and apartment
houses. Conductors in or on all tile and masonry walls of such buildings shaH be encased
in rigid conduit, flexible conduit, PVC conduit or electrical metallic tubing. Minimum
size nonmetallic sheathed cable shall be limited to No. 12 A WG except No, 14 A WG
may be used for switch legs when the load is less than 500 watts.
Section 82-345 is amended to read as follows:
82-345 Feeders. AH services, except residential and interior feeders, shall be installed in
rigid metal conduit, electric metallic tubing or approved busways, except that
underground services and feeders may be installed in approved ducts or plastic conduit.
Overhead services or feeders between two buildings less than six feet apart shall be
installed in rigid metal conduit, electric metallic tubing, approved busways or duct.
Where wiring is installed in approved nonmetallic duct or conduit, a continuous ground
wire as sized per Table 250-66 ofthe National Electrical Code shall be installed within
the duct to ensure continuity of ground, and the entire wiring system must be installed in
a manner approved by the city. Where approved underground duct is used, it shaH in no
case be smaller than two inches inside diameter, buried at least 18 inches below the
ground surface. The portion of the service ahead of the meter cabinet shaH not be run
through attic spaces, Where conduit fittings are used ahead of meter cabinets, such
fittings shall be of sealable type and shall be plainly visible. Subfeeders in residential
(single and multiple) buildings may be nonmetallic sheathed cable, grounded type,
Section 82-349 is amended to read as follows:
82-349 Suspension of approval of materials, The city may, for good and justifiable
reasons, suspend or revoke the approval of certain materials or wiring, Such suspension
or revocation of approval shall not become effective until thirty (30) days after the date of
such notice,
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Section 4: That Chapter 82, "Buildings and Building Regulations," Article V, "Fuel
Gas Code," Section 82-381 "Adoption," and Section 82-382 "Amendments," 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" as amended in section 82-
382, A copy ofthe 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.
Sec. 82-382. Amendments.
The fuel gas code adopted in section 82-381 shall be amended as follows:
Section 503,8 is amended to read as follows:
503,8(5) Added. Termination Protection, Portions of an exterior metal chimney shall not
be nearer than 24 inches (610mm) to any door, window, walkway or yard, unless
insulated or shielded in an approved manner.
Original reserved Sections 82-382 through 82-410 is amended to read as follows:
82-383 --- 82-410. Reserved.
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Original Article VI. Housing Code, Section 82-411 Adopted; is hereby deleted and replaced with
the following,
Section 5: That Chapter 82, "Buildings and Building Regulations," Article VI,
"Energy Conservation Code," Section 82-412 "Adoption," and Section 82-413 "Amendments,"
of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE VI. INTERNATIONAL ENERGY CONSERVATION CODE
DIVISION 1. GENERALLY
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,
DIVISION 2. STANDARDS
Sec. 82-412. Adoption,
(a) The city adopts the International Energy Conservation Code, 2000 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 fuel gas code adopted in Section 82-412 shall be amended as follows:
Sect. 101,1 - Title:
Amend section - identify City of La Porte,
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Sect. 104.3 - Plan Certification:
Add section - Plan/permit submittals to the city
shall include all necessary energy certification
documents, Certification documents shall be
completed by an approved agency or individual.
Sect. 105. I - General:
Amend sentence - Construction or work for which
a permit is required shall be subject to all required
inspections, Inspections shall be performed by a
certified and/or licensed party.
Sect. 105.2-105.4:
Delete.
Original reserved Sections 82-412 through 82-440 is amended to read as follows:
82-414 --- 82-440. Reserved.
Section 6: That Chapter 82, "Buildings and Building Regulations," Article VII,
"Mechanical Code," Section 82-441 "Adoption," and Section 82-442 "Amendments," of the
Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. MECHANICAL CODE
Sec. 82-441. Adoption.
(a) The city adopts the Uniform Mechanical Code, 2000 edition, published by the
International Association of Plumbing and Mechanical Officials, as amended in Section
82-442, 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 contlict 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 ofthe 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,
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Ordinance #96-2079-C
Page 17
Sec. 82-442. Mechanical Code Amendments.
The mechanical code adopted in Section 82-441 shall be amended as follows:
Code Deletions:
Section 115,3 - Plan Review Fees:
Delete, If applicable, plan review fees are collected
as part of the original project permit submittal and
approval.
Section lIS,S - Investigation Fees,'
Work Without a Permit
(Includes Sections 115,S.1 & 115,5.2)
Delete sections, Permit fee schedule allows for
doubling of permit fee to address work started
without a permit.
Code Amendments and/or Additions:
Section IIS.2-PermitFees:
Amend language. Fees shall be assessed in
accordance with the provisions of this section and
Appendix A of the City's Code of Ordinances.
Section 115.3 - Expiration of Plan Review,
This section was previously known as Section IIS.4 and is hereby re-numbered due to a
deletion,
Section 115,5 -Fee Refunds,
This section was previously known as Section l1S.6 and is hereby re-numbered due to
deletions.
Original reserved Sections 82-442 through 82-470 is amended to read as follows:
82-443 --- 82-470, Reserved,
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Ordinance #96-2079-C
Page 18
Sec. 82-471. Definitions.
The definition for Substandard Building is hereby amended as follows:
Substandard building means a building which by reason of faulty construction, age or
lack of repair, fails to meet the minimum construction standards imposed by applicable
provisions of the city's building and fire codes heretofore duly adopted by the city, and as such
may hereafter from time to time be amended.
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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Page 19
Ordinance #96-2079-C
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
,2003.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
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CODES PROPOSED FOR ADOPTION
(August 11,2003)
. International Residential Code, 2000 Edition
· International Energy Conservation Code, 2000 Edition
· National Electrical Code (NEC), 2002 Edition
· Building Construction and Safety Code (NFP A 5000), 2003 Edition
. National Fuel Gas Code, 2002 Edition
. Uniform Plumbing Code, 2000 Edition
. Uniform Mechanical Code, 2000 Edition
S:\CPSbare\lNSPECTION DIVISION\Inspections\List of Codes for Adoption,doc
.
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
08/1V03
Q~
Do Wilmore
Aoorooriation
Requested By:
Source of Funds:
Department:
PhulIlial
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
List of Code Books for Adootion
Amount Requested:
Exhibits:
Ordinance with Code Amendments
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the July 14, 2003 meeting, City Council directed staff to review the Comprehensive Consensus Codes (C3)
group, as quickly as possible, and return to Council with an ordinance to adopt said codes,
In order to respond to Council's directive while working within a limited time period, staff considered which of the
code books were "new" and chose to review the building code. Staffbegan a quick review of the code known as
NFPA 5000 (Building Construction and Safety Code).
The attached adoption ordinance represents some recommended changes to the building code (due to conflicts with
local, state or federal regulations) while adopting the Unifonn Plumbing Code (UPC), Unifonn Mechanical Code
(UMC) and the National Fuel Gas Code (NFGC) in their entirety.
In addition, the ordinance also includes adoption of the state mandated International Residential Code (lRC) and
International Energy Conservation Code (IECC) as well as the previously proposed National Electrical Code (NEC).
All of these code books were reviewed by staff during the previous code review process.
As recommended by Council. staff obtained changes proposed by the City of Pasadena and discussed the C3 codes
with their personnel. We are recommending, as did the City of Pasadena, that the adoption of the codes include a
ninety (90) day effective date to allow contractors, design professional as well as staff an opportunity to make the
transition.
A list of the code books recommended for adoption has been compiled and is included with this packet.
Action Reauired bv Council:
Consider authorizing the adoption of the C3 codes and other noted code books,
Aoproved for City Council Ae:enda
dO.Jg;,ul {J;:k~J.t----
De'6ra B. Feazelle, ity Manage
~-S-d)
Date