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HomeMy WebLinkAbout08-30-11 Regular Meeting of the Building Codes Appeals Board g r F �' Q e• pli BUILDING CODES APPEALS BOARD Notice is hereby given of a meeting of the Building Codes Appeals Board to be held on August 30, 2011, at 6:00 P.M. at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding items of business according to the agenda listed below: 1. Call to order 2. Consider approval of minutes from the July 27, 2011 meeting 3. Public Comments (Limited to five minutes per person) 4. Review, discuss and consider a recommendation to City Council to adopt the 2011 National Electrical Code with no change to existing local amendments 5. Review, discuss and consider amendments to the Board's Rules of Procedure 6. Administrative Reports 7. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information of existing policy 8. Establish next meeting date, time and topics 9. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council as a governing body. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. 4' CERTIFICATION I certify that a copy of the August 30, 2011 agenda of items to be considered by the City of La Porte Building Codes Appeals Board was posted on the City Hall bulletin board on the 19 ill' day of . .A-∎u i t ,20 it . ; 1' i (kt vvv -- ' k .� LL7 Title: _■:4IiJJi l 6% I „„ 41.1!iiip,, I certify that the attached notice and agenda of items to be considered by the City o a Porte Building C • des • ppeal Board was removed by me from the City Hall bulletin board on the day of ! -9, I1. Itivii„)ii.,,, Ali • i Title: 4111111PAI 0 / . / , etk4 z Out of consideration for all attendees of the meeting, please turn off all cell phones and pagers, or place on inaudible signal. Thank you for your consideration. BUILDING CODES APPEALS BOARD Notice is hereby given of a meeting of the Building Codes Appeals Board to be held on August 30, 2011, at 6:00 P.M. at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding items of business according to the agenda listed below: 1. Call to order 2. Consider approval of minutes from the July 27, 2011 meeting 3. Public Comments (Limited to five minutes per person) 4. Review, discuss and consider a recommendation to City Council to adopt the 2011 National Electrical Code with no change to existing local amendments 5. Review, discuss and consider amendments to the Board's Rules of Procedure 6. Administrative Reports 7. Board Comments on matters appearing on agenda or inquiiy of staff regarding specific factual information of existing policy 8. Establish next meeting date, time and topics 9. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council as a governing body. In compliance with the Americans with Disabilities Act the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City ,Secretary, at 281.=170.5019. CERTIFICATION I certify that a cope of the August 30, 2011 agenda of items to be considered by the Cite of La Porte Building Codes Appeals Board was posted on the Cite Hall bulletin board on the day of -20 Title: I certify that the attached notice and agenda of items to be considered by the Cite of La Porte Building Codes Appeals Board was removed by me from the Cite Hall bulletin board on the day of ,20 Title: MINUTES Building Codes Appeals Board Minutes of July 27, 2011 Members Present Tom Campbell, Ron Holt, Ken Schlather, Paul Larson, Mark Follis, J. P. Jackson and Terry Bunch Members Absent None City Staff Present Traci Leach, Assistant City Manager, Debbie S. Wilmore, Chief Building Official, Mark Huber, Deputy Building Official and Dwayne Menager, Chief Inspector Others Present Linda and Fred Westergren, Bryan Moore, Troy Smith, Phillip Hoot, Carla Haramboure, John Mata and Alfred Ortega 1. CALL TO ORDER Meeting called to order at 6:05 P.M. by Chairman Tom Campbell. 2. CONSIDER APPROVING MINUTES FROM THE MARCH 22, 2011 MEETING Motion to approve the March 22, 2011 minutes, as written was made by Ken Schlather. Second by Terry Bunch. Motion passed unanimously. Mr. Campbell asked the Board to move Item #7 before Item #3. No objection by Board. 7. RECEIVE COMMENTS FROM PUBLIC Linda Westergren identified she had been building in La Porte for thirty years and never had any problems with the codes. However, she feels the Uniform Plumbing Code minimum required fixtures are excessive and the table is confusing. She asked the Board to recommend that Council return to the International Plumbing Code. John Mata identified he is the Southwest Regional Manager for IAMPO and stated the Uniform Code is a good code that works. The code group is prepared to provide both verbal and written interpretations whenever needed. In fact, a code interpretation was provided for the two projects on the agenda. Since codes area minimum, Mr. Mata told the Board most cities amend the codes to work with their city. Carla Haramboure identified she is with Clay Commercial Design - Builders and they develop large warehouse /office buildings in La Porte and the surrounding areas. Since the uses in the tables are different, the minimum fixture counts are very different between the two codes. She asked the Board to recommend utilizing Chapter 29 (Plumbing Systems) in the International Building Code in lieu of the Uniform Code table. Building Codes Appeals Board Minutes of July 27, 2011 Page 2 of 3 Bryan Moore identified himself as a local builder and stated that buildings built under the International Plumbing Code have not had problems. He asked that the Board recommend returning to the International Plumbing Code. Phillip Hoot addressed two items. He felt that since the city requires an engineer to approve new roofs, the City shouldn't require a permit fee for the roof permit. Also, the fact that a meeting was even necessary confirms the City should go back to the previous code. Alfred Ortega identified himself as a City of Houston Inspector and a director of IAMPO. He recommended the City amend the table to fit their needs. The City of Houston deleted Table 4 -1 from the Uniform Code and utilizes the plumbing chapter table in the International Building Code as part of their amendments. REVIEW AND DISCUSS TWO REQUESTS FOR CHANGES TO THE CITY'S PLUMBING CODE AS IT PERTAINS TO MINIMUM PLUMBING CODE FIXTURE REQUIREMENTS Debbie Wilmore provided an overview explaining that the building code is used to establish the building use and occupancy load. That information is then applied to the plumbing table for determining the minimum number of plumbing fixtures. Staff provided the IAPMO Group with the project information and staff's calculations of required fixtures. A written code interpretation received today determined the buildings should be considered as retail use rather than storage /business office. Since that information was just received, copies for each member were placed at their seats. Discussion followed. 4. CONSIDER RECOMMENDATION TO CITY COUNCIL TO SUPPORT ONE OF THE FOLLOWING COURSES OF ACTION: (1) CONTINUE TO UTILIZE THE 2009 UNIFORM PLUMBING CODETABLE 4 -1, MINIMUM PLUMBING FACILITIES, AS WRITTEN; (2) AMEND THE UNIFORM PLUMBING CODE TABLE 4 -1; (3) BEGIN UTILIZING CHAPTER 29 (PLUMBING SYSTEMS) OF THE 2009 INTERNATIONAL BUILDING CODE IN LIEU OF THE 2009 UNIFORM PLUMBING CODE TABLE 4 -1; OR (4) OTHER ACTION Motion by Mark Follis to utilize Chapter 29 of the 2009 International Building Code in lieu of the 2009 Uniform Plumbing Code Table 4 -1. Second by Mr. Bunch. Motion passed with one nay vote by Mr. Larson. In the interim time, the Board felt the proposed storage occupancy use was an "unlisted use" and directed staff to utilize the code allowance that enables the Authority Having Jurisdiction to determine required minimum plumbing fixtures for those unlisted uses. Building Codes Appeals Board Minutes of Julv 27, 2011 Page 3 of 3 5. REVIEW, DISCUSS AND CONSIDER A RECOMMENDATION TO CITY COUNCIL TO ADOPT THE 2011 NATIONAL ELECTRICAL CODE WITH NO CHANGE TO EXISTING LOCAL AMENDMENTS Ms. Wilmore advised the Board that staff s recommendation was to adopt the new code edition with no change to existing local amendments. Following some discussion, Mr. Bunch made a motion to table this action to the next meeting to allow the Board more time to review the new code. Second by Paul Larsen. Motion passed unanimously. 6. REVIEW, DISCUSS AND CONSIDER AMENDING THE BOARD'S RULES OF PROCEDURE Ms. Wilmore noted that at the previous meeting, Mr. Follis had raised questions regarding the rules of procedure. He noted the rules did not address public comments, Rule 103 identified selecting a chairperson but no mention of any follow -up review of that selection, and Rule 701 was not clear and may present a conflict. Following some discussion, Clark Askins and Ms. Wilmore were asked to develop a draft of changes for the Board's review that included: (1) a public comment period with a five minute time limit and each August review the selection of the chairperson. 8. ADMINISTRATIVE REPORTS Mark Huber advised the Board of upcoming Plumbing Continuing Education classes. 9. BOARD COMMENTS Mr. Campbell asked Mr. Hoot for my clarification of his comments regarding roofs. Mr. Hoot said he felt there shouldn't be a permit fee since the city policy requires an engineer to approve the roof. 10. ESTABLISH NEXT MEETING DATE, TIME AND TOPICS Staff will check available August dates and contact the Board. Agenda to include the National Electrical Code and the draft amendments to the rules of procedure. Mr. Follis recommends that at future meetings, staff bring a current calendar of meeting room availability so a tentative date can be set. 11. ADJOURN A motion to adjourn was made by Mr. Schlather with a second by Mr. Bunch. Motion passed unanimously. Meeting adjourned at 8:25 p.m. Respectfully submitted, Marls Huber Deputy Building Official 2011 Ed. of the NATIONAL ELECTRICAL CODE AND EXISTING LOCAL AMENDMENTS To: Building Codes Appeal Board/ From: Debbie S. Wilmore, Chief Building Official CC: Date: 71 2012011 Re: 2011 National Electrical Code The review of the 2011 Ed. of the National Electrical Code, the 2011 Illustrated Changes Book and the existing local amendments in the City's Code of Ordinances has been completed. Staff found the majority of the changes were for clarification and re- organization purposes, Our local amendments were not impacted by the code changes e, Xceat for Sect. 82 -336 which is the Code of Ordinance section that actually adopts the code edition. Staff recommends adopting the 2011 Ed. of the National Electrical Code while leaving the existing local amendments in place. BUILDINGS AND BUILDING REGULATIONS § 82-102 ARTICLE IV. ELECTRICAL CODE DIVISION 1. GENERALLY Sec. 82 -101. Definitions, The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apprentice electrician means the holder of an apprentice electrician license. Electrical work means the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the terms and provisions of the electric code. Inspector shall mean the chief building official of the city or any of the - division construction inspectors under her/his supervision. Journeyman electrician means the holder of a journeyman electrician license. Master electrician means the holder of a master electrician license. (Ord. No. 1637, §§ 1(1.01, 1.03, 2.05, 215, 2.21, 222, 2.30), 3- 13 -89; Ord. No. 96- 2079 -E, § 3, 5- 10 -04; Ord. No. 96- 2079 -H, § 1, 9- 12 -05) Cross reference -- Definitions generally, § 1 -2. See. 82.102. Electrical work to be done only by or under licensed master electrician. (a) Except as provided in this article, it shall be unlawful for any person to do electrical work within the city unless such person is a master electrician licensed under the provisions of the Electrician's Occupations Code (a.k.a. The Texas Electrical Safety and Licensing Act), or unless such person does such electrical work under the supervision, direction and control of a master electrician licensed under the provisions of said code. (b) Nothing in the Electrician's Occupations Code (a.k.a. The Texas Electrical Safety and Licensing Act) shall ever be construed or operate to prevent any person from doing electrical work in or on his property which he owns, where he resides and which he maintains as a homestead. Such homeowner shall not be required to be a licensed electrician but shall otherwise conform to all other requirements of said code. In doing electrical work on his own property, as provided in this subsection, such owner shall not use any hired assistant unless such assistant is duly licensed under the terms of said code. (c) Except as provided in subsection (b) of this section, no electrical work shall be performed by any person not the holder of the required license. No person, firm or corporation shall employ any other person for doing electrical work unless such person proposed to be employed is the holder of the proper license. (Ord. No. 1637, § 1 (1.02), 3- 13 -89; Ord. No. 96- 2079 -H, § 2, 9- 12 -06) Supp, No. 13 CD82.13. § 82 -103 LA PORTE CODE Sec, 82.103. Reserved. Editor's note— Ordinance No. 96- 2079 -E, § 3, adopted May 10, 2004, repealed § 82 -103 in its entirety. Formerly, such section pertained to electrical maintenance work to be done by licensed maintenance electricians; exceptions and derived from Ord. No. 1637, § 1(2.23), 3- 13 -89. Sec. 82.104. Tampering. (a) It shall be unlawful for any person to bridge, tamper with or change from its original installation, except upon the approval of the inspector, and then only after a proper permit for alteration has been issued, any fuse of the plug, cartridge type or link type, installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not function properly. (b) It shall be unlawful for any person, in any manner, to interfere with any electrical wiring installed or being installed in, or on, within or without any structure or building. If in the course of erection of a building or structure the wiring is in such position as to interfere with the erection or completion of the building or structure as called for by the plans, notice shall immediately be given the person installing the wiring and the needed change shall be made by such person. (c) It shall be unlawful for any person to make connection from a source of electrical energy to any electrical wiring, apparatus, devices, appliances, fixtures and equipment for the installation of which a permit is required until it shall have received an approval by the inspector. (d) It shall be unlawful for any person to - make connection from a source of electrical energy to any electrical wiring, apparatus, devices, appliances, fixtures and equipment which have been disconnected by the inspector or the use of which has been ordered by the inspector to be discontinued until approval has been issued by the inspector. (Ord. No. 1637, § 1(1.04), 3- 13 -89; Ord. No. 96- 2079 -H, § 3, 9- 12 -05) Secs. 82- 105 -82 -150. Reserved. DBUSION 2. RESERVED* Secs. 82- 151 -82 -280. Reserved. Editor's note— Ordinance No. 96- 2079 -E, § 3, adopted May 10, 2004, repealed §§ 82- 151-82-259 in their entirety. Formerly, such sections pertained to licenses and certificates and derived from Ord. No. 1637, § 1, 3- 13 -89. Supp. No. 13 CD82:14 BUILDINGS AND BUILDING REGULATIONS § 82 -282 DWISIOI\T 3. PERMITS Sec. 82 -281. Required; exceptions. (a) No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, Mures or equipment for the transmission, distribution or utilization of electrical energy for any purpose shall be installed within the city limits, nor shall any alteration or addition be made in any such existing wiring, poles, duct lines, guy anchors, apparatus, devices, appliances, fixtures or equipment without first securing a permit therefor from the inspector, except that no permit shall be required for the following: (1) Replacing fuses or lamps or the connection of portable devices to suitable receptacles which have been permanently installed or for repairs to portable appliances. (2) Minor repair work, such as repairing or replacing flush and snap switches, receptacles and lamp sockets, or minor repairs on permanently connected electric apparatus, appliances, fixtures or equipment, or the installation of light globes. (3) The installation, maintenance or alteration of wiring, apparatus, devices, appliances or equipment for telegraph, telephone, signal service or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power from the power company at a voltage over 50 volts and which generates more than 500 watts of energy. (4) Poles and guy anchors, for the installation, maintenance or alteration of electric wiring, apparatus, devices, appliances or equipment to be installed by an electric public service corporation for the use of such corporation in the generation, transmis- sion, distribution, sale or utilization of electrical energy. However, an electric public service corporation shall not do any wiring on a customer's premises other than wiring which is part of the company's distribution system, nor shall any of its employees do any work other than that done for the company as provided for in this section, by virtue of this exemption, (5) The installation of temporary wiring, apparatus, devices, appliances or equipment used by a recognized school in teaching electricity. (b) Vigiere no permit is required for the installation or repair of whing, apparatus, devices or equipment for the transmission, distribution or utilization of electrical energy for any purpose, the wiring, apparatus, devices or equipment shall be installed or repaired in conformity with the provisions of this article. (Ord, No. 1637, § 1(4.01), 3- 13 -89) Sec. 82.282. Application and issuance. (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. 'llre permit, when issued, shall be issued to such applicant to cover such work as described and detailed. Any changes or additions must be covered by additional permits at the time changes are made. The application Supp. Igo. 13 CD82:15 § 82 -282 LA PORTE CODE shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installations, as described, will be in conformity with the requirements of this article. (b) Reserved. (c) Reserved. (d) If it 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 of the city, a permit for such installation shall be issued. The issuance. of a 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 cityr (e) The inspector may issue and enforce any rules or regulations he may deem, necessary covering the granting of emergency permits, whore real emergencies exist. (f) Before a permit is issued, fees shall be paid to the city in amounts listed in appendix A of the city's Code of Ordinances. (Ord. No. 1637, § 1(4.02), 3- 13 -89; Ord. No. 96- 2079 -E, § 3, 5- 10 -04) Sec. 82 -283. Reserved. Editor's note — Ordinance No. 96- 2079 -E, § 3, adopted May 10, 2004, repealed § 82 -283. Formerly, such section pertained to display and derived fz-omn. Ord. No. 1637, § 1(4.03), 3- 13 -89. t Sec. 82 -254. Insurance requirements. (a) No permit shall be issued until the master electrician shall have arranged to carry the minimum insurance as required by the Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 73; Section 73.40. (b) Evidence of compliance with the insurance requirements of subsection (a) 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. (Ord. No. 1637, § 1(1.10), 3- 13 -89; Ord. No. 96- 2079 -E, § 3, 5- 10 -04; Ord. No. 96- 2079 -H, § 4, 9- 12-05) Sees. 82- 285 -82 -305. Reserved. DIVISION 4, INSPECTIONS Sec. 82.306. Inspector's responsibilities. The inspector shall, upon application, cause to be issued permits for the installation and alteration of electrical wiring, devices, appliances, fixtures, apparatus and equipment, and certificates of final approval therefor, and shall be responsible for inspection of all new Supp. No. 33 CD82:16 BUILDINGS AND BUILDING REGULATIONS § 82 -309 electrical installations and reinspections of-all electrical installations, all as provided in this article. He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of this article. (Ord. No. 1637, § 1(3.01), 3- 13 -89) Sec, 82 -307. Entry upon private property. The inspector shall have the right from 7:30 a.m, to 5:30 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, roinspection 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. (Ord. No. 1637, § 1(3.02), 3- 13 -89; Ord. No. 96- 2079 -E, § 3, 5- 10 -04) See. 82 -308. Installations to be concealed. iA%on any part of a 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. (Ord. No. 1637, § 1(3.03), 3- 13 -89; Ord. No. 96- 2079 -8, § 3, 5- 10 -04) Sec. 82.309. Authorization for electrical service, If the work is found to be in compliance with the provisions of this article, the inspector, subject to the other applicable provisions of this article, shall issue a final approval to the Supp. No-. 18 CD82:17 § 82 -309 LA PORTE CODE public utility corporation furnishing the electrical service or the person supplying the energy, which approval shall authorize connection of such approved work to the source of energy of the electrical service, the turning on of current and the use of the installation. No connection shall be made until such authorization and final approval is given. (Ord. No. 96- 2079 -H, § 5, 9- 12 -05) Editor's note —Ord. No. 96- 2079 -H, § 5, adopted September 12, 2005, amended § 82 -309 in its entirety to read as herein set out. Former § 82 -309 pertained to certificate of approval, and derived from Ord. No. 1637, § 1(3.04), 3- 13 -89. Sec. 82 -310. Reinspection; correction of unsafe conditions. The inspector shall make, upon information pr belief that faulty conditions exist, a thorough reinspection of any electrical wiring, apparatus, devices, appliances, fixtures and equipment now installed or that may hereafter be installed and within the scope of this article, and when the installation of such wiring, apparatus, devices, appliances, fixtures and equipment is found to be at variance with the original permit issued, or to be in a dangerous or unsafe condition, or if it is found that the electrical measuring device has been tampered with so as to create a condition dangerous to the continuity of the electrical service or to property, the person owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, apparatus, devices and equipment in safe condition so as to relieve the hazards created by such unauthorized conditions, and shall have such work completed within ten days, or any reasonably longer period specified by the inspector in the written notice. 1 - (Ord. No. 1637, § 1(3.05), 3- 13 -89; Ord, No. 96- 2079 -H, § 6, 9- 12 -05) Sec. 82 -311. Schedule of fees for inspection. The master electrician making or supervising installation or alteration of electric wiring, apparatus, devices, appliances, fixtures or equipment, shall pay to the city fees In such amounts as established by the city and listed in appendix A of this Code. (Ord. No. 1637, § 1(3.06), 3- 13 -89) Sec. 82 -312. Reserved. Editor's note Ordinance No. 96- 2079 -E, § 3, adopted May 10, 2004, repealed § 82 -312. Formerly, such section pertained to failure to pay inspection fees and derived from Ord. No. 1637, § 1(3.07), 3- 13 -89. Secs. 82- 313 -82 -335. Reserved. DIVISION 5, STANDARDS See. 82 -336. National Electrical Code— option. (a) The National Electrical Code, pdEdition, 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, of this r chapter. i Supp. No. 18 CD82:18 BUILDINGS ANM BUILDING REGULATIONS § 82 -341 (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 be deemed to have committed a class C misdemeanor and upon conviction shall be punished by a fine in an amount as provided in appendix B of this Code. (d) All applicable fees shall be in accordance with appendix A of this Code. (Ord. No. 1637, §§ 1(1.11), 3,3-13-89; Ord, No. 96- 1637 -A, § 1, 7- 22 -96; Ord. No. 96- 2079 -8, § 3, 3 -8 -04; Ord. No. 96- 2079 -F, § 1, 6- 27 -05; Ord, No. 96- 2079 -L, § 1, 3- 24 -08) Sec. 82 -337. Same --- Amendments. The electrical code adopted in section 82 -336 is amended to read as provided in sections 82 -338 through 82 -350. (Code 1970, § 8 -40) Sec. 82.338. Aluminum conductors. Aluminum conductors may not be used in any wiring within buildings, nor in any underground service conductors. Aluminum conductors may only be used as outside aerial conductors from a weatherhead to a pole, from a pole to a pole, and from a weatherhead to a weatherhead. (Ord. No. 3637, § 1(5.01), 3- 13 -89) Sec. 82 -339. Installation of electrical devices. All electrical devices (including but not limited to outlets and switches) shall be installed with the screw -wrap or approved screw clamp installation. Bach or quick stab installation is prohibited. (Ord. No. 96- 2079 -J, § 1, 1 -8 -07) Sec. 82.340. Residential capacity and branch circuits. (a) All services for 1 and 2 family dwellings, shall be a minim of 100 Amp capacity and shall have a minim of two spare breaker slots, (b) All underground services shall be installed in a minim of schedule 40 conduit. (Ord. No. 1637, § 1(5.03), 3- 13 -89; Ord, No. 96- 2079 -H, § 7, 9- 12 -05) - i; Sec. 82 -341. Reserved. Editor's note —Ord. No. 96- 2079 -H, § 8, adopted September 12, 2005, repealed § 82 -341, which pertained to window air conditioners and space heaters and derived from Ord. No. 1637, § 1(5.04), 3- 13 -89. Sapp. No. 18 CD82:19 § 82 -342 LA PORTE CODE Sec. 82.342. Wiring within buildings. Nonmetallic sheathed cable shall be used only for residential work, apartment houses, hotels, motels and similar occupancies equal to and less than three stories in height. Conductors in or on all the and masonry walls of such buildings shall be encased in rigid conduit, flexible conduit, PVC conduit or electrical metallic tubing. Minimum size nonmetallic sheathed cable shall be limited to No. 12 AV4'G. (Ord. No. 1637, § 1(5.05), 3- 13 -89; Ord. No. 96- 2079 -H, § 9, 9- 12 -05) Sec. 82 -343. Reserved. Editor's note —Ord. No. 96- 2079 -H, § 10, adopted September 12, 2005, repealed § 82 -343, which pertained to ground contact and derived from Ord, No. 1637, § 1(5.06), 3- 13 -89. Sec. 82 -344, Meter cabinets. Meter cabinets or meter sockets shall be approved by the electric public service company and installed in accordance with subsection 82- 102(a) of this chapter. Meter cabinets shall be installed in accordance with electric public service company standards and the National Electrical Code (NEC). (Ord. No. 1637, § 1(6.01), 3- 13 -89; Ord. No. 96- 2079 -H, § 11, 9- 12 -05) Sec. 82 -345. Feeders, f' All services, except residential and interior feeders, shall be installed in rigid metal conduit, l electric metallic tubing or approved busways, except that underground services and feeders may be installed in approved ducts or plastic conduit. The portion of the service ahead of the meter cabinet shall not be run through attic spaces. (Ord. No. 1637, § 1(6.02), 3- 13 -89; Ord. No. 96- 2079 -H, § 12, 9- 12 -05) Sec. 82 -346. Flexible conduit. Flexible metallic conduit may be used, provided that such flexible metal conduit meats all specifications of the National Electrical Code; provided, however, that the wiring method of BX/Armour Clad is specifically prohibited. (Ord. No. 1637, § 1(6.03), 3- 13 -89) Sec. 82.347. Specific regulations for dwellings. General lighting load in single - family residences shall be divided into not less than three circuits and shall be balanced as nearly as possible. Circuits may be of either 15 or 20 ampere capacity or may be mixed. Not more than eight outlets may be connected to any 15- ampere circuit, nor more than ten outlets to any 20- ampere circuit. For purposes of this section an outlet is considered to be a receptacle or fixture outlet. (Ord. No. 1637, § 1(6.04), 3- 13 -89) Supg. No. 18 CD82 :20 BUILDINGS AND BUILDING REGULATIONS § 82 -381 Sec. 82 -348. Franchise to install equipment in streets. No person or public service company that does not operate under a franchise granted by the city shall have the right to install any electrical conduit, wires, ducts, poles or equipment of any character for the transmissions, distribution or utilization of electrical energy, or for the operation of signals or the transmission of intelligence on, over or under the streets in the city, without first obtaining from the city council a franchise right or grant for the particular installation so desired to be made. Any such installation so made under such franchise or grant shall be in strict conformity with all rules and regulations and ordinances of the city. (Ord. No. 1637, § 1(6.05), 3- 13 -89) Sec. 82.349. Suspension of approval of materials. The building codes appeals board (BCAB) may, for good and justifiable reasons, suspend or revoke the approval of certain materials or wiring. (Ord. No. 1637, § 1(7.01), 3- 13 -89; Ord. No. 96- 2079 -H, § 13, 9- 12 -05) See. 82 -350. Prohibition of installation of nonconforming goods. (a) No electrical materials, apparatus, devices appliances, fixtures or equipment shall be installed in the city unless they are in conformity with the provisions of this article and the statutes of the state. (b) The maker's name, trademark or other identification symbol shall be placed on all electrical materials, apparatus, devices, appliances, fixtures and equipment used or installed under the provisions of this article. (Ord. No. 1637, § 1(7.02), 3- 13 -89; Ord, No. 96- 2079 -H, § 14, 9- 12 -05) Secs. 82- 351 - 82.380. Reserved. ,F & b ARTICLE V. FUEL L GAS CODE* Sec. 82 -3 doption. (a) Except as provi n this article, the International Fuel Gas e, 2006 edition, published by the International e Council, as amended in se ' 82 -382 of this article or addressed by the mechanical regulation the Internati Residential Code, 2006 edition, as adopted by section 82 -31 of this chapter, is a and incorporated as fully as if set forth at length in this section and the provisio there hall be controlling in the design, construction, quality of materials, exec ' , installation, alter 'on, repair, location, relocation, replacement, addition to, use aintenance of buildings and ctures within the city limits. One copy of the b . ng codes is on file in the office of the city sec *Editor's no — Ordinance No. 96- 2079 -8, § 4, adopted March 8, 2004, a3nonde h. 82, Art. V, §§ 8 1, 82 -382 in its entirety. Formerly, said article pertained to the 1994 Gas e a orived from Code 1970, § 8 -49; Ord. No. 1786, § 10, 10- 14 -91; Ord. No. 2079, § 7,11- 13 -95. 8npp, No, 17 CD82:21 RULES OF PROCEDURE rVIERMOM �M, - ANWITHM 1 191 A *fulles of Procedure we] 0 0"IM A JO I I FAM I L01 0 101. Organizations The Building Codes Appeals Board ("BCAB") shall consist of seven (7) members. BCAB was established in accordance with Chapter 82, Sect. 82-10 through 82-15 of the City's Code of Ordinances. 102. Appointment Appointment • BCAB members shall be in accordance with Chapter 82, Sect. 82-10 through 82-15 of the City's Code of Ordinances. The Chief Building Official, or their designated representative, shall serve as Executive Secretary for the BCAB and is not a voting member. The Executive Secretary shall perform such duties as are necessary to assist the BCAB in their duties. 104, Duties A. The Chairperson, or in their absence, the Acting Chairperso as set forth in Section 1 preside at all meetings, sh decide all points • order and procedure, and may administ oaths. All correspondence from the BCAB shall be over the signature of the Chairperson or Acting Chairperson . I BLAB Rules of Procedure Page 2 of 6 08/30/11 Draft of Proposed Changes 105. Rules • Order R•bert's Rules of Order, latest revision, shall be the Commission' final authority on all questions of procedures and parliamentary la not covered by these Rules of Procedure. In the event of a confli between these Rules and Robert's Rules of Order, these rules sh prevail to the extent of such conflict only. I JAMMM10 201. Quorum In accordance with Chapter 82, Sect. 82-10 through 82-15 of the City's Code of Ordinances, a quorum shall consist of four (4) members. No decision by the BCAB shall be deemed rendered unless a majority of members are in attendance and voting, but by • less than a minimum of four (4) members concur. 202.Agenda An agenda shall be prepared by the Executive Secretary for each meeting of the BCAB. The agenda shall include appeals and other matters scheduled for consideration by the BCAB. 203. Meetin_qs In accordance with Chapter 82, Sect. 82�1 0 through 82-15 of the City's Code of Ordinances, meetings shall be held at the call of the Chairperson and at such other times as at least; four (4) members • the BiCAB may determine, Meetings shall comply with the requirements • the Open Meeting's Act and shall be posted by th City Secretary's Office at least seventy-two (72) hours in advance of the meeting. BCAB Rules of Procedure Page 3 of 6 08130/11 Draft of Proposed Changes 301. Definition The official records of the BCAB shall include these Rules of Proced�ure, approved meeting minutes together with all findings, decisions and other official actions of the BCAB. 02. Recording of Vote The minutes of the BCAB mee:tings, as recorded by the Executive Secretary, shall show the vote of each member or if absent or failing to vote, shall indicate that fact. 303. Files - Retention All matters/requests coming before the BCAB shall be submitted to the Inspection Services Division of the Planning Department. Requests, proposals and correspondence associated with meetings shall be retained by the Inspection Services Division for not less than three (3) years after the date of submittal. Following the close of meetings, BCAB records shall be filed in the off Ice of the City Secretary and shall become a public record. Preparation and retention shall be in accordance with the provisions of State Law and procedures adopted by the City of La Porte. 304. Public Information The official reco;rds of the BCAB shall be on file with the Inspection Services Division and/or the City Secretary's Office and' shall be open to public inspection during customary working hours. ITA M 0109 [0 0 M 2 WA I BCAB Rules of Procedure 403. Withdrawal or Continuance of Request For Meeting To withdraw a request for • meeting, or to request a scheduled hearing be continued, the Inspection Services Division and/or applicant may file a written request with the Executive Secretary, subject to the following rules: Aa A request for withdrawal submitted within fourteen (14) days following the request for a meeting shall be accepted by the Executive Secretary without the need for BCAB approval. B. All other requests for withdrawal are subj • BCAB approva at its next scheduled meeting. C. All requests for continuance will • at the discretion of BCAB. 404. APPEALS Any person or persons, jointly or severally aggrieved by any deon • the BCAB, • taxpayer, • any officer, department, board • bureau of the City may present to a court • record a petition for a writ of certiorari, as provided by Vernon's Texas Civil Statutes and Codes Annotated (V.T.C.A.), Local Government Code, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days • the board's decision. BCAB Rules of Procedure Page 5 of 6 08130/11 Draft of Proposed Changes 501, Meetings All meetings of the BCAB shall be open to the public. 502..Order of Business A. The Chairperson shall call the Board to order. 503. Questions During the meeting, any member of the Board may call upon the applicant, City Staff or any other person present at the meeting for further questioning relevant to the case. W1. Disgualification A. A member shall disqualify themself from voting whenever he/she finds that he/she has a personal • monetary interest in the property or will be directly affected by the decision of the Board. B. A member may disqualify themself from voting whenever any applicant or his/her agent, has sought to influence the vote of the member outside of the open meeting. A member who disqualifies themself or abstains from voting on any case shall announce such disqualification or abstention for the public record, prior to the presentation of the case, and shall not take part in the deliberation or vote on the case. In the event a member does not d • their disqualification or a• •, the meeting is underway, such member shall announce such disqualification or abstention as soon as It is discovered. BLAB Rules of Procedure Page 6 of 6 08130/11 Draft of Proposed Changes 702. Certified CMy A certified copy of these Rules of Procedure and of any amendments thereto shall be filed in the office of the City Secretary.