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HomeMy WebLinkAboutO-1996-2079-K 14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 11/12107 Budeet Requested By: D. Wilmore 9>'f>W Source of Funds: Department: Planning Department Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Bldg. Codes Appeal Bel. Recommendation Memo Amount Requested: Exhibits: Ordinance with Windbome Debris Requirement Budgeted Item: YES NO Exhibits: Ordinance without Windbome Debris Requirement SUMMARY & RECOMMENDATION At the direction of the Building Codes Appeals Board staff reviewed the 2006 Code Editions (Residential Code, Building Code, Plumbing Code, Fuel Gas Code, Energy Conservation Code and Mechanical Code) and current local amendments applicable to those codes. New code books and staff's report were provided to the Board for their consideration. At their August 15, 2007 meeting, the Board voted to recommend adoption of the 2006 Code Editions with local amendments as noted in the report. Attached is the Board recommendation memo. On October 22, 2007, City Council held a workshop to review the Board's code adoption recommendation and to provide staff with direction on the adoption and implementation of the new codes. Since there were comments regarding the exclusion of the Residential Code Requirement S. R30 1.2.1.2 - Protection of Openings in Windbome Debris Regions, staff prepared two adoption ordinances. Council has a choice to make. Ordinance #96-2079-K leaves this requirement in the code and enforcement would begin with the implementation of the code. Ordinance #96.2079-Kl includes an exclusion of this requirement as noted in the Board's recommendation ordinance. Both ordinances include an implementation date of January 1, 2008. id adoption of one of the two 2006 Ed. Code adoption ordinances with an implementation date of 01/01/08 01 Memo To: Honorable Mayor and City Council-rL.13 Terry Bunch, Vice-Chairman of the Building Codes Appeal Board Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Wayne Sabo, Director ofPlannin~; John E. Joems, Interim City Manager 10/11/2007 Local Amendment to the Building Codes From: CC: Date: Re: At the Board's direction, staff reviewed copies of the 2006 Code Editions. Upon completion, typed comments on the six (6) codes books were provided to the Board for our review. During the August 15,2007 meeting, the Board discussed stafI's typed amendments as well as the new Residential Code requirement (R30I.2.1.2 - Protection of Openings in Wmdbome Debris Regions) that would be applicable to our city. Builders of new residential structures would be required to provide pre-cut, wood structural panels and attachment hardware for all openings on new homes. After some discussion, we recognize some development show "future garage" and in these cases, storage of these panels ("theft concerns" during construction and full- time storage after the home is complete) would present a challenge. At this time, the Board feels this requirement should not be implemented. Therefore, the Board has directed staff to delete this section of the code and incorporate it into the proposed code amendments forwarded to City Council. The Board recommends Council support the adoption of the 2006 Edition of the construction codes with local amendments as outlined in this documentation and direct staff to prepare an ordinance with a 60-day implementation period. This delay would allow mail notification to the various contractors and allow the update of plan review and development handouts for the public. Thank you. ORDINANCE NO. 96-2079-K AN ORDINANCE ADOPTING NEW BUILDING CODES (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" AND SECTIONS 82-32 AND 82-33 "AMENDMENTS"; ARTICLE ITI "PLUMBING CODE" SECTION 82-66 "ADOPTION' AND SECTION 82-67 "AMENDMENTS"; ARTICLE V "FUEL GAS CODE", SECTION 82-381 "ADOPTION' AND SECTION 82-382 "AMENDMENTS"; ARTICLE VI "ENERGY CONSERVATION CODE", SECTION 82-412 "ADOPTION' AND SECTION 82-413 "AMENDMENTS"; ARTICLE vn "MECHANICAL CODE", SECTION 82-441 "ADOPTION' AND SECTION 82-442 "AMENDMENTS"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; 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 Sections 82-32 and 82-33 "Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as follows: "Sec. 82-31. Adoption. (a) Except as provided in this division, the International Residential Code and the International Building Code, 2006 editions, published by the International Code Council, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Ordinance # 96-2079-K Page 2 Sec. 82-32. Residential Code Amendments. The residential building code adopted in Section 82-31 of this Article shall be amended to read as follows: Section RIO!. 1 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 Rl 03.1 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. Section RI05.2 Work Exemptfrom Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #3 (retaining walls) and #5 (sidewalks/driveways). Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.1 thru RlI2.4) Section R202 Definitions. Accessory Structure/Building means a detached, subordinate structurelbuilding, the use of which is clearly incidental and related to that of the principal structurelbuilding or use of the land, and which is located on the same lots as that ofthe principal structurelbuilding or use. Table R30 1.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in accordance with table shown. Subject to Damage From: Ground Wind Seismic F lOSt Winter Ice Barrier Air Mean Snow Speed Design Line Design Under1ayment Flood Freezing Annual Load (mph) Category Weathering ~ Termite Temp Required Hazards Index Temp 4-9-87 11-6-96 0 12C A N 1" VH 32" No 6-18-07 0-1000 67 Section R902.2 Fire-Retardant-Treated Shingles and Shakes. Deleted. Section R905.7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections R905.7.1 thru R905.7.7) are deleted. Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Sections R905.8.1 thru R905.8.9) are deleted. 2 Ordinance # 96-2079-K Page 3 Part VITI, Electrical Chapters 33 - 42 (E3301 thru E4204) are deleted in their entirety. Sec. 82-33. Building Code Amendments. The building code adopted in Section 82-31 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the Building Code of the City of La Porte, hereinafter referred to as "this code". Section 101.4.1 Electrical. The provisions of the National Electrical Code along with local electrical amendments shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Section 101.4.5 Property Maintenance. Delete. Section 1 03.1 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. Section 105.1.1 Annual Permit. Delete. Section 105.1.2 Annual Permit Records. Delete. Section 105.2 Work Exemptfrom Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6 ( sidewalks/driveways). Section 112 Board of Appeals. Deletion of entire section (Sections 112.1 thru 112.3). Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety. Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections 1507.8.1 thru 1507.8.7) are deleted. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.8) are deleted. Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety." 3 Ordinance # 96-2079-K Page 4 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, are hereby amended to read as follows: "Sec. 82-66. Adoption. (a) Except as provided in this article, the International Plumbing Code, 2006 edition, published by the International Code Council, as amended in Section 82-67 of this Article or addressed by the plumbing regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-67. Amendments. The plumbing code adopted in Section 82-66 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the International Plumbing Code of the City of La Porte, hereinafter referred to as "this code". Section 103.1 General. The Inspection Services Division, of the City's Planning Department, shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the code official. Section 106.6.3 Fee Refunds, NO.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.6.3 Fee Refunds, NO.3 (plan Review) is deleted. 4 Ordinance # 96-2079-K Page 5 Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). Appendix A Plumbing Permit Fee Schedule. Deleted." Section 3: 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, are hereby amended to read as follows: "Sec. 82-381. Adoption. (a) Except as provided in this article, the International Fuel Gas Code, 2006 edition, published by the International Code Council, as amended in Section 82-382 of this Article or addressed by the mechanical regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-382. Amendments. The mechanical code adopted in Section 82-381 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of La Porte, hereinafter referred to as "this code". Section 1 03.1 General. The City's Inspection Services Division shall serve as the Department of Inspection. The Chief Building Official thereof shall be known shall be known as the code official. 5 Ordinance # 96-2079-K Page 6 Section 106.5.3 Fee Refunds, NO.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, No.3 (plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 4: That Chapter 82, "Buildings and Building Regulations," Article VI, "Energy Conservation Code," Division 2 "Standards", Section 82-412 "Adoption," and Section 82-413 "Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as follows: "Sec. 82-412. Adoption. (a) Except as provided in this article, the International Energy Conservation Code, 2006 edition, published by the International Code Council, as amended in Section 82-413 of this Article or addressed by the energy efficiency regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. Sec. 82-413. Amendments. The energy conservation code adopted in Section 82-412 of this Article shall be amended to read as follows: Section 101.1 Title. This code shall be known as the International Energy Conservation Code of the City of La Porte, and shall be cited as such. It is referred to herein as "this code". 6 Ordinance # 96-2079-K Page 7 Section 104.3 Certification. PlanlPermit submittals to the City shall include all necessary energy certification documents. Certification documents shall be completed by an approved agency or individual. Section 105.1 General. 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 (i.e. 3rd Party). Sections 105.2 thru 105.4. - Sections are deleted in their entirety." Section 5: 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, are hereby amended to read as follows: "Sec. 82-441. Adoption. (a) Except as provided in this article, the International Mechanical Code, 2006 edition, published by the International Code Council, as amended in Section 82-442 of this Article or addressed by the plumbing regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-442. Amendments. The mechanical code adopted in Section 82-441 of this Article shall be amended as follows: Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of La Porte, hereinafter referred to as "this code". 7 Ordinance # 96-2079-K Page 8 Section 103.1 General. The City's Inspection Services Division shall serve as the Department of Inspection. The Chief Building Official thereof shall be known as the code official. Section 106.5.3 Fee Refunds, NO.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, No.3 (plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 6: 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 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 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 of a 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 forty-nine (49) days after its passage and approval (January 01, 2008). 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. 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 ofthe 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 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 8 Ordinance # 96-2079-K Page 9 PASSED AND APPROVED this the;:tl-day ofJJ 0 U ,2007. CITY?\ LA PORTE ~ By: ~cL. ~ Mayor ATTEST: V/r)t2tU ~(J1tdJ/ City Secretary APPROVED: ~ r ;t~ City Attorney 9 ORDINANCE NO. 96-2079-K1 ;(jfjT IfJY Rile 1" AN ORDINANCE ADOPTING NEW BUILDING CODES (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" AND SECTIONS 82-32 AND 82-33 "AMENDMENTS"; ARTICLE lIT "PLUMBING CODE" SECTION 82-66 "ADOPTION" AND SECTION 82-67 "AMENDMENTS"; ARTICLE V "FUEL GAS CODE", SECTION 82-381 "ADOPTION" AND SECTION 82-382 "AMENDMENTS"; ARTICLE VI "ENERGY CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413 "AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82-441 "ADOPTION" AND SECTION 82-442 "AMENDMENTS"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; 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; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; 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 II, "Building Code," Section 82-31 "Adoption," and Sections 82-32 and 82-33 "Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as follows: ~~Sec. 82-31. Adoption. (a) Except as provided in this division, the International Residential Code and the International Building Code, 2006 editions, published by the International Code Council, 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 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. Ordinance # 96-2079-Kl Page 2 (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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-32. Residential Code Amendments. The residential building code adopted in Section 82-31 of this Article shall be amended to read as follows: Section R101.1 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 R103.1 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. Section R105.2 Work Exemptfrom Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #3 (retaining walls) and #5 (sidewalks/driveways). Section R1l2 Board of Appeals. Deletion of entire section (Sections Rl12.l thru Rl12A) Section R202 Definitions. Accessory Structure/Building means a detached, subordinate structure/building, the use of which is clearly incidental and related to that of the principal structure/building or use of the land, and which is located on the same lots as that of the principal structure/building or use. Table RJ01.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in accordance with table shown. Subject to Damage From: Gromd Wind Seismic Frost Wner Ice Barrier {4jr Mean Snow Speed Desig1 tile 0esVl lJndertlIyment FIoocI Freezing AmuaI load (fl1)h) Caaegcty Wealhering Deph T ermIe Temp Recped Hazards Index Temp 4-9-87 11-6-96 Cl 12C A N 1" VH 32' No 6-18-07 0-1000 6T Section R30 1.2.1.2 Protection of Openings. Entire section including the exception and Table R301.2.1.2 dealing with Windborne Debris Protection is deleted. 2 Ordinance # 96-2079-Kl Page 3 Section R902.2 Fire-Retardant- Treated Shingles and Shakes. Deleted. Section R90S.7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections R905.7.1 thru R905.7.7) are deleted. Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Sections R905.8.1 thru R905.8.9) are deleted. Part VITI, Electrical Chapters 33 - 42 (E3301 thru E4204) are deleted in their entirety. Sec. 82-33. Building Code Amendments. The building code adopted in Section 82-31 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the Building Code of the City of La Porte, hereinafter referred to as "this code". Section 101.4.1 Electrical. The provisions of the National Electrical Code along with local electrical amendments shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Section 101.4.5 Property Maintenance. Delete. Section 1 03.1 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. Section 105.1.1 Annual Permit. Delete. Section 105.1.2 Annual Permit Records. Delete. Section 105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6 (sidewalks/driveways) . Section 112 Board of Appeals. Deletion of entire section (Sections 112.1 thru 112.3). Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety. Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections 1507.8.1 thru 1507.8.7) are deleted. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.8) are deleted. 3 Ordinance # 96-2079-Kl Page 4 Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety. 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, are hereby amended to read as follows: "Sec. 82-66. Adoption. (a) Except as provided in this article, the International Plumbing Code, 2006 edition, published by the International Code Council, as amended in Section 82-67 of this Article or addressed by the plumbing regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-67. Amendments. The plumbing code adopted in Section 82-66 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the International Plumbing Code of the City of La Porte, hereinafter referred to as "this code". Section 103.1 General. The Inspection Services Division, of the City's Planning Department, shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the code official. Section 106.6.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 4 Ordinance # %-2079-Kl Page 5 Section 106.6.3 Fee Refunds, No.3 (plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). Appendix A Plumbing Permit Fee Schedule. Deleted." Section 3: 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, are hereby amended to read as follows: "Sec. 82-381. Adoption. (a) Except as provided in this article, the International Fuel Gas Code, 2006 edition, published by the International Code Council, as amended in Section 82-382 of this Article or addressed by the mechanical regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. Sec. 82-382. Amendments. The mechanical code adopted in Section 82-381 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of La Porte, hereinafter referred to as "this code". 5 Ordinance # 96-2079-KI Page 6 Section 103.1 General. The City's Inspection Services Division shall serve as the Department of Inspection. The Chief Building Official thereof shall be known shall be known as the code official. Section 106.5.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, No.3 (plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 4: That Chapter 82, "Buildings and Building Regulations," Article VI, "Energy Conservation Code," Division 2 "Standards", Section 82-412 "Adoption," and Section 82-413 "Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as follows: "Sec. 82-412. Adoption. (a) Except as provided in this article, the International Energy Conservation Code, 2006 edition, published by the International Code Council, as amended in Section 82-413 of this Article or addressed by the energy efficiency regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. Sec. 82-413. Amendments. The energy conservation code adopted in Section 82-412 of this Article shall be amended to read as follows: 6 Ordinance # 96-2079-KI Page 7 Section 101.1 Title. This code shall be known as the International Energy Conservation Code of the City of La Porte, and shall be cited as such. It is referred to herein as "this code". Section 104.3 Certification. Plan/Permit submittals to the City shall include all necessary energy certification documents. Certification documents shall be completed by an approved agency or individual. Section 105.1 General. 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 (i.e. 3rd Party). Sections 105.2 thru 105.4. - Sections are deleted in their entirety." Section 5: 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, are hereby amended to read as follows: "Sec. 82-441. Adoption. (a) Except as provided in this article, the International Mechanical Code, 2006 edition, published by the International Code Council, as amended in Section 82-442 of this Article or addressed by the plumbing regulations of the International Residential Code, 2006 edition, as adopted by Section 82-31 of this Chapter, 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 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. (d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances. 7 Ordinance # 96-2079-Kl Page 8 Sec. 82-442. Amendments. The mechanical code adopted in Section 82-441 of this Article shall be amended as follows: Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of La Porte, hereinafter referred to as "this code" . Section 103.1 General. The City's Inspection Services Division shall serve as the Department of Inspection. The Chief Building Official thereof shall be known as the code official. Section 106.5.3 Fee Refunds, No.2 (permit Fee) - Not more than fifty percent (50%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.5.3 Fee Refunds, No.3 (plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 6: All ordinances or parts of ordinances inconsistent with the terms ofthis 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 7: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. 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 of a 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 forty-nine (49) days after its passage and approval (January 01, 2008). 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. 8 Ordinance # 96-2079-Kl Page 9 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 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 ,2007. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPROVED: ~r~ CIty Attorney 9