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Home My WebLink AboutO-2010-3293 adopt 2009 Edition of International Codes (Res., Building and Energy Conservation)with local amendments/adopt 2009 Edition of Uniform Codes (Plumbing and Mechanical) with no local 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 25, 2010 Bud2et Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Recommendation Memo from Board Amount Requested: Exhibits: Code Review Comments Budgeted Item: YES NO Exhibits Ordinance with Strikethrou2hs & hil!hlil!hts Exhibits: Ordinance SUMMARY & RECOMMENDATION Staff reviewed the 2009 Code Editions (Residential, Building, Plumbing, Fuel Gas, Energy Conservation and Mechanical Code). New code books, existing local amendments and typed comments on the codes were provided to the Building Codes Appeals Board. The codes were subsequently reviewed and discussed by the Board. At their August 17,2010 meeting, the Board voted to recommend adoption of the 2009 Code Editions with local amendments as noted in the report. Attached is the Board recommendation memo and typed comments. On September 27, 2010 Council held a workshop on the Board recommendation and code amendments. At that meeting, staff was directed to move forward with a code adoption ordinance. At their October II, 2010 meeting, Council denied the proposed ordinance that would have adopted the 2009 International Code editions. Staff was then directed to return with an ordinance that includes adoption of the Uniform Plumbing and Mechanical Codes. Since staff did not have copies of the Uniform Plumbing or Mechanical Code books, no review has been done by staff or by the Building Codes Appeals Board. The new code adoption ordinance has been drafted to adopt the 2009 Edition of the International Codes (Residential, Building and Energy Conservation) with local amendments and adopt the 2009 Edition of the Uniform Codes (Plumbing and Mechanical) with no local amendments. In accordance with past practices, the ordinance was developed with a delayed implementation period to allow for mail notification to contractors as well as updating of divisional handouts and the website. The ordinance has an effective date of January 1,2011. her action on the ordinance adopting the 2009 Code Editions with local amendments I~ Iv ~D Date Memo To: Honorable Mayor and City Council From: Torn Campbell, Chairman of the Building Codes Appeal Board CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Tim Tietjens, Director of Planning; Ron Bottoms, City Manager Date: 10/18/2010 Re: Building Codes Adoption with Local Amendments As in past practices, staff reviewed the 2009 Code Editions (Residential, Building, Plumbing, Fuel Gas, Energy Conservation and Mechanical Code). Staffs typed comments were subsequently reviewed and discussed by the Board. At our August 17, 2010 meeting, the Board voted to recommend adoption of the 2009 Code Editions with local amendments as attached to this report. The Board recommends Council support the adoption of the 2009 Edition of the construction codes with local amendments as outlined in this documentation. We recommend a minimum 60-day implementation date to allow mail notification to contractors as well as updating of plan review, divisional handouts and the website. Thank you. REVIEWCOMMENTS. 2009 ED. Of INTERNATIONAL CODES The following review comments do not include all ofthe city's local amendments. If an existing amendment was not affected by the respective code book, it was not referenced for review. Note: The National Electrical Code (NEC) is not part of this review. Its adoption is under Sect. #82-336 and code editions are reviewed separately. For your convenience, amendments that have a proposed change are highlighted in yellow. Residential Code Amendments. Section R105.2 Work Exemptfrom Permit. Deletion of Building Permit Exemption #10 (decks). Requires permitfor deck due to zoning placement criteria. Table R30 1.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in accordance with table shown. WIND DESIGN SUBJECT TO DAMAGE FROM WINTE SEISMIC Frost R GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL LOAD (mph) effects "k" "f' "a" "b" "c" "e" REQUIRED "h" "g" INDEX"/" TEMP"i" 4-9-87 11-6-96 1500 or 0 120 No A N 12" VH 32' No 6-18-07 less 67' Section R301.2.1.2 Protection of Openings. Section requires window and garage door glazed opening protection for windborne debris. Require installation of garage doors that meet 120 mph windspeed to be requiredfor new construction onlv. Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1 thru R313.2.1). Deletion in accordance with S.B. 1410, Sect. 12 which prohibits a municipality from enacting an ordinance requiring the installation in a new or existing 1 & 2 family dwelling. Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part ofthis code edition adoption. Appendix was not adopted with previous code edition, this amendment is required to adopt at this time. Code Comments Con't.... Page 2 Building Code Amendments. 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. Delete - This code section number is no longer titled electrical. The existing amendment needs to be deleted since the electrical comments were deleted and section number was re- used. Section 101.4.4 Property Maintenance. Delete. number. Previous code edition Sect. was 101.4.5. Amendment of section Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3). Amendment of section numbers. Previous code edition Sect. was 112 and J12.1 thru 112.3. Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8). Delete - This new code section would conflict with zoning regulation regarding home occupations. Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables (Sections 1507.8.1 thru 1507.8.8) are deleted. Amendment of section number. Previous code edition Sect. was 1507.8.7. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.9) are deleted. Amendment of section number. Previous code edition Sect. was 1507.9.8. Energy Conservation Code Amendments. Section 104.1 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). The building shall have a final inspection and not be occupied until approved. Amendment of section number. Previous code edition Sect. was 105.1. Also, sentence was added to provide clarification about occupancy. 2 Code Comments Con't.... Page 3 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. Delete - previous code edition section reference was incorporated into another area. Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety." Amendment of section number. Previous code Sect. was 105.2 thru 105.4. 3 ORDINANCE NO. 2010- AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNA TIONAL 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 II "BUILDING CODES," SECTION 82-31 "ADOPTION" AND SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE AMENDMENTS"; ARTICLE III "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", "^~ND SECTION 82 112 "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 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, 2009 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 ofthe City's Code of Ordinances. Ordinance # 2010 - 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 1.1 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 R103.2 Appointment. Delete. Section Rl03.3 Deputies. Delete. Section Rl05.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #3 (retaining walls), #5 (sidewalks/driveways) and #10 (decks). Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.1 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 R301.2(1) Climatic and Geographic Design Criteria. accordance with table shown. Establishment of criteria III WIND DESIGN SUBJECT TO DAMAGE FROM WINTE SEISMIC Frost R GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL LOAD (mph) effects "k" "f' "a" "b" "e" "e" REQUIRED "h" "g" INDEX"/" TEMP T 4-9-87 11-6-96 1 500 or 0 120 No A N 12" VH 32' No 6-18-07 less 6T Section R301.2.1.2 Protection of Openings. Windows in new buildings located in windborne debris regions shall have glazed openings protected from windborne debris. Glazed opening protection for windborne debris shall meet the requirements of the Large Missile Test of ASTM E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for new buildings shall meet the requirements of an approved impact resisting standard or ANSI/DASMA 115. 2 Ordinance # 2010 - Page 3 Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1 thru R313.2.1). 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. Part VIII, Electrical Chapters 34 - 42 (E3401 thru E4209) are deleted in their entirety. Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this code edition adoption. 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 101.4.4 Property Maintenance. Delete. Section 103.1 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 103.2 Appointment. Delete. Section 103.3 Deputies. Delete. 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/ dri veways). Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3). 3 Ordinance # 20 10 - Page 4 Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8). 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 1507.8.8) are deleted. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.9) are deleted. Chapter 16, Figure 1609 Basic Wind Speed (3-Second Gust). Basic wind speed for the city shall be 120 mph. Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety." 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 Uniform Plumbing Code, 2009 edition, published by the International Code Council Association of Plumbing and Mechanical Officials, as amended in Section 82 67 of this .l^..rticle or addressed by the plumbing regulations of the International Residential Code, 2009 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. 4 Page 5 Ordinance # 2010 - See. 82 67. }'1mendments. The plumbing code adopted in Section 82 66 of this j\ltic1e shall be amended to read as follows: Section 101.1 Title. These regulations shall be knovlll as the International Plumbing Code of the City of La Porte, hereinafter referred to as "this code". :::: ;::~.l ~~'::" The In'reotion Servioes Division, of the Citis PIll11Bi~ :':;:~rl::,::; :B e th bmg code(s) of the CIty. The ChIef Emldmg Offic1Ul shall be lffi:w,'m as the code official. Scction 103.2 Appointment. Delete. Section 103.3 Deputies. Delete. ~\:,-l~:;: g:;. ~i =~:,,:hull not be issued until fue fees, in acoordanoe wi~ ~~~ et ~;e C:I:Y- s +-~~:e -tt:t ~r-...ces, have been pmd. An amendment to ~ ~:~llt shall neW3e rele s-ed nti! the lddition~ f;;, if any, due to an increase of the plumbing system, has been paid. Section 106.6.2 Fcc Schedule. Delete. := ~~:~3 ;;: =~:::' No 2 (Pormit Feo) Not.more than fifty reroenl .~~;:::~ ~.~,~ ti a d v ,E has been done under a permIt Issued m accordance v,'lth thIS coae. Section 106.6.3 Fcc Refunds, No.3 (Plan Revievl) is deleted. Section 109 },feans of Appeal. Deletion of entire section (Sections 109.1 thru 109.7). =" ~~~' .;::' ~O~' Minimum Number of Required Plumbing Fixtures The ~~~: t met r erenced m the IPC, Table 103.1 and IEC, [P] Table 2902.1 arc hereby amended as follo'ws: ~~~;:~;~~t~~y~~n~u:tr~~ and Mercantile Classifica:tions: . . 2 j a oyer No change, reqmrements shall be m accordance WIth table and code requirements. Occupancy load of (1) to (25) {if!) Ins~al~ water fou~tain~s) as req~ired by table and cod: requirem~nts; or f#~j B-aikling ~1aE:- Identlfies a kItcheIb/break room WIth a refngerator and plans identify permanent use of bottled '.vater for the facility; or (#3) B:iidi~g plan identifies permanent use of a portable water cooler for the facility. NOTE: For issuance of a Certificate of Occupancy, Options #2 or #3 must be in place for the building final inspection." 5 Page 6 << " , " , Ordinance # ~ " , " ~ efficiah 6 ---- Ordinance #2010- Page 7 Section 106.6.3 Fcc Re/Hnds, No.2 (Permit Fee) Not more than fifty percent (50%) of the permit fee paid when no \vork has been done under a permit issued in accordance with this code. Section 106.6.3 Fcc RefHnds, No.3 (Plan Revie\v) is deleted. Section 109 A/eans a/Appeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 3: 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, 2009 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, 2009 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". 7 Ordinance # 20 10 - Page 8 Section 104.1 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). The building shall have a final inspection and not be occupied until approved. Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety." Section 4: That Chapter 82, "Buildings and Building Regulations," Aliicle VII, "Mechanical Code," Section 82-441 "Adoption," and Section 82 112 "i\mendments," 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 Uniform Mechanical Code, 2009 edition, published by the International Code Council Association of Plumbing and Mechanical Officials, as amended in Section 82 112 of this A.rticle or addressed by the plumbing regulations of the International Residential Code, 2009 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. See. 82 442. },.meBdmeBts. The mechanical code adopted in Section 82 111 of this f~rticle shall be amended as follo'7/s: Section 101.1 Titlc. These regulations shall be known as the Mechanical Code of the City of La Porte, hereinafter referred to as "this code". Section 103.1 Gcncral. 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. 8 Ordinance # 2010 - Page 9 Section 103.2 Appointment. Delete. Section 103.3 Deputies. Delete. Section 106.5.3 Fcc Refunds, No.2 (Permit Fee) Not more than fifty percent (50%) of the permit fee paid when no '.vork has been done under a permit issued in accordance with this code. Section 106.5.3 Fcc Refunds, No.3 (Plan Revie'vY) is deleted. Section 109 }.1eans o.fAppeal. Deletion of entire section (Sections 109.1 thru 109.7)." Section 5: 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 6: 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 7. 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 8. 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. 9 Ordinance # 2010 - Page 10 Section 9. This Ordinance shall be effective on January 01, 2011. 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 once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of ,2010. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney 10 ORDINANCE NO. 2010 - 32 Cf3 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 II "BUILDING CODES," SECTION 82-31 "ADOPTION" AND SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE AMENDMENTS"; ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION", ARTICLE VI "ENERGY CONSERVATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413 "AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82- 441 "ADOPTION", 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 EFFECTNE 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, 2009 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 # 2010 - ~ q ~ 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 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 R103.2 Appointment. Delete. Section R103.3 Deputies. Delete. Section R105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1 (accessory structures), #2 (fences), #3 (retaining walls), #5 (sidewalks/driveways) and #10 (decks). Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.1 thru Rl12A) Section R202 Definitions. Accessory Structure/Building means a detached, subordinate structure/bui1ding, the use of which is clearly incidental and related to that of the principal structure/bui1ding or use of the land, and which is located on the same lots as that of the principal structure/bui1ding or use. Table R301.2(1) Climatic and Geographic Design Criteria. accordance with table shown. Establishment of criteria III WIND DESIGN SUBJECT TO DAMAGE FROM WINTE SEISMIC Frost R GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL LOAD (mph) effects "k" "f' "a" "b" "e" "e" REQUIRED "h" "g" INDEX "I" TEMP '1" 4-9-87 11-6-96 1500 or 0 120 No A N 12" VH 32' No 6-18-07 less 61' Section R301.2.1.2 Protection of Openings. Windows in new buildings located in windbome debris regions shall have glazed openings protected from windbome debris. Glazed opening protection for windbome debris shall meet the requirements of the Large Missile Test of ASTM E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for new buildings shall meet the requirements of an approved impact resisting standard or ANSI/DASMA 115. 2 Ordinance # 2010 - ~ if 3 Page 3 Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1 thru R313.2.1). 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. Part VIII, Electrical Chapters 34 - 42 (E340 1 thru E4209) are deleted in their entirety. Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this code edition adoption. 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 101.4.4 Property Maintenance. Delete. Section 103.1 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 103.2 Appointment. Delete. Section 103.3 Deputies. Delete. 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 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3). 3 Ordinance # 2010 - 3:113 Page 4 Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8). 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 1507.8.8) are deleted. Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables (Section 1507.9.1 thru 1507.9.9) are deleted. Chapter 16, Figure 1609 Basic Wind Speed (3-Second Gust). Basic wind speed for the city shall be 120 mph. Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety." Section 2: That Chapter 82, "Buildings and Building Regulations," Article III, "Plumbing Code," Section 82-66 "Adoption," 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 Uniform Plumbing Code, 2009 edition, published by the International Association of Plumbing and Mechanical Officials, as addressed by the plumbing regulations of the International Residential Code, 2009 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. 4 Ordinance # 2010 - 3.;2.-'13 Page 5 Section 3: 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, 2009 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, 2009 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". Section 104.1 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). The building shall have a final inspection and not be occupied until approved. Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety." 5 Ordinance # 2010 - 3~ 3> Page 6 Section 4: That Chapter 82, "Buildings and Building Regulations," Article VII, "Mechanical Code," Section 82-441 "Adoption," 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 Uniform Mechanical Code, 2009 edition, published by the International Association of Plumbing and Mechanical Officials, as addressed by the plumbing regulations of the International Residential Code, 2009 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. Section 5: 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 6: 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. 6 Ordinance # 2010 - ~ ~ Page 7 Section 7. 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 ($2,000.00). Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall be effective on January 01, 2011. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this th~ay of Mpgr ,2010. By: ATTEST: ~&lh~ /1'$/ City Secretary APPROVED: -fd.,<A T ~-VJ AssIstant City Attorney 7