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ORD 1986-19 - Building Regulations} ORDINANCE NO. 86 -19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS CODE OF ORDINANCES, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, BY ADOPTING THE FOLLOWING CODES: THE 1985 STANDARD BUILDING CODE, THE 1985 STANDARD HOUSING CODE, AND THE 1985 STANDARD MECHANICAL CODE; RESTRICTING AND REGULATING THE CONSTRUCTION, ALTERATION, REPAIR, USE AND OCCUPANCY, LOCATION, MAINTENANCE, REMOVAL AND DEMOLITION, OF EVERY BUILDING OR STRUCTURE OR ANY APPURTENANCES CONNECTED OR ATTACHED TO SUCH BUILDINGS OR STRUCTURES IN THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200 FOR EACH DAY'S VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the substitution of a new Sec. 6 -1, which shall read as follows: ARTICLE I. BUILDING CODES Sec. 6 -1. Codes adopted by reference. (a) The book entitled "Standard Building Code, 1979 1985 Edition" and the 1988 Rev4s4ens thereto (a copy of which, authenticated by the signatures of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the building code of the city as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the city. (b) The book entitled "Standard Housing Code, 1979 1985 Edition" (a copy of which, authenticated by the signatures ,of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the housing code of the city as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for occupancy of buildings. (c) The book entitled "Standard Excavation and Grading Code, 1975 Edition" (a copy of which, authenticated by the signatures of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the excavation and grading code of the city as fully as if copied at length in this chapter, and the provisions thereof shall establish the rules and regulations controlling excavation, grading and earthwork construction, including fills and embankments. (d) The book entitled "Standard Swimming Pool Code, 1979 1985 Edition" (a copy of which, authenticated by the signatures of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the swimming pool code of the city as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for design, construction or installation, repair or alterations of swimming pools. (e) The book entitled Standard Mechanical Code, 1979 1985 Edition" (a copy of which, authenticated by the signatures of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the mechanical code of the city as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of mechanical systems. (f) The book entitled "Plumbing Code for City of Huntsville, Texas, 1981," (a copy of which, authenticated by the signatures of the mayor and city secretary, and made a public record by this section, is on file in the city secretary's office) is hereby adopted as the plumbing code of the city as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the City. Section 2: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the substitution of a new Sec. 6 -1 which shall read as follows: Sec. 6 -2. Amendments to codes adopted by reference. (A) STANDARD BUILDING CODE. xI (1) Section 10Y.3.3.1 is is hereby added as follows: Section 101.3.3.1. The following appendices are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A Appendix B 3 Appendix C ►� Appendix D Appendix E Appendix F Appendix G Appendix L Appendix M Appendix N Appendix 0 Appendix P Appendix Q Appendix R - Administrative Provisions - Fire Resistance Ratings for Materials and Construction - Wood Preservatives - Hurricane Requirements - Recommended Guide for Sound Isolation in Multi - Family Dwellings - Fallout Shelter Construction - Fire District - Power Operated Exit Doors - Accessibility Standards - One and Two Family Dwellings - Low Rise Wind Loads - Calculated Fire Resistance - Adobe Construction - Weights of Building Materials (2) Section 101.4. Delete Section 101.4. Building Dep't. (3) Sections 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7. (4) Section 101.6 is hereby amended to read: (See Ord. 86 -9). (5) Section 102.4 is amended to read: 102.4 - Unsafe Buildings. All buildings or structures which are unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition, in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville, Texas. (6) Section 103.1 is hereby amended to read: 103.1 - Application for Permit. 103.1.1 Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description, or to install or alter fire - extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat - producing apparatus, or toher appurtenances, or to alter, move or change the access to or from any public street from a driveway, including repair, removal or installation of curbs or culverts, the installation of which is reglated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit therefor. 103.1.2. A general permit shall carry with it the right to install in any building or structure, or part thereof, elevators, sidewalk elevators, vaults, chutes, coal holes, lifts, cranes, derricks, steam power boilers, steam, oil, gas or vapor engines, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit; but where these are not shown on the drawings and covered by the specifications submitted with said application, special permits shall be required. 103.1.3. Ordinary minor repaires may be made with the approval of the building official without a permit; provided, that such repairs shall not violate any of the provisions of this code. 103.1.4 Each application for a permit, with the required fee, shall be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official. 103.1.5. An application for a permit for any proposed work shall be deemed to have been abandoned 6 months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. 103.1.6. Permits shall be issued only to the following: (1) Any architect or engineer licensed by the State of Texas or a contractor registered by the City; (2) Any property owner, for work to be done by him on a building occupied by him as his home. (7) Section 103.2 is hereby amended in part to read: 103.2.5. The building official shall require drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot to be approved by the city engineer prior to the filing with the building official. Said drawings shall show the location of all existing easements, storm sewers, natural drains, water lines, sewer lines, location of water and sewer connections. The building official may also require a boundary line survey, prepared by a qualified surveyor. 103.2.6. No building permits shall be issued unless adequate water and sewer service is available to the property or suitable arrangements have been made for obtaining water and sewer service to the building site. The city engineer shall certify on said drawing when same is submitted to the building official that the requirements of this paragraph have been made; otherwise, said permit shall not be issued by the building official. 103.2.7. Plat diagram. No building permit shall be issued unless adequate information is furnished showing the proposed vertical elevation of the finished floor of the structure in respect to the street and lot corners and proof that the building is not subject to flooding by storm water. The city engineer may require additional engineering data, prepared by a registered professional engineer, indicating the calculated twenty- five -year high water elevation of creeks or drainage channels when the building is proposed to be placed near the floodplain of the channel. Finished floor elevations of proposed buildings near the floodplain of a creek or drainage channel shall be a minimum of two (2) feet vertically above the calculated twenty- five -year high water elevation. No permit shall be issued for buildings or improvements that propose to block the flow of water in creeks or drainage channels or may cause flooding of adjacent property. (See also city's flood hazard area regulations. Code of Ordinances of City of Huntsville, section 6 -10 et seq.) (8) Section 103.4 is amended by adding sentences that shall read: 103.4.5. No person, firm or corporation shall commence work on any project for which a building permit is required under the provisions of Section 103.1 of this code until such time as a building permit has been issued by the building official. The City of Huntsville may enjoin or restrain in a court of competent jurisdiction any construction or work, or continuing construction or work, on any project commenced prior to the issuance of such building permit. (9) Section 103.5 is amended to read: 103.5 - Contractor's Registration Required. (a) It shall be the duty of every contractor or builder, who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, to register with the city. (b) No fee is required for registration under this section. (c) No contractors bond shall be required under the provisions of this section. (10) Section 103.7.4 is amended to read: 103.7.4 - Schedule of Permit Fees. (a) Permit fees. 1. Where the valuation does not exceed $100.00, no fee shall be required, unless an inspection is necessary, in which case there shall be a $10.00 fee for each inspection. 2. For a valuation over $101.00 up to and including $2,000.00, the fee shall be $10.00. 3. For a valuation over $2,000.00 up to and including $15,000.00, the fee shall be $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000.00. 4. For a valuation over $15,001.00 up to and including $50,000.00, the fee shall be $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. 5. For a valuation over $50,001 up to and including $100,000.00, the fee shall be $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $236.50 for the first $100,000.00, plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. 7. For a valuation over $500,001.00, the fee shall be $736.50 for the first $500,000.00, plus $0.75 for each additional thousand or fraction thereof, to and including $500,000.00. (b) Moving of building or structures. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (c) Demolition of building or structures. For the demolition of any building or structure, the fee shall be ten dollars ($10.00). (d) For each inspection requested and made which requires a reinspection, a fee of $30.00 shall be charged for each reinspection made. (11) Section 105.2.3 is amended by the addition of a new paragraph that shall read: 105.2.3 - Notice to Affected Property Owners. The building official shall notify all affected property owners who own property within one hundred (100) feet of the site of a proposed variance, of the meeting on the variance, by sending postage prepaid a copy of the agenda and variance request. The building official shall determine the name and address of such affected persons by reference to the city tax records. (12) Section 105.4. Board Members and Procedures is amended to read: 105.4.1.- Makeup of the Board. There is hereby established a board to be called the board of appeals, which shall consist of five (5) members. Such board shall be composed of three (3) persons with technical background in building design or construction or experience in the building trades industry, and two (2) other citizens. The mayor (chief appointing authority) shall appoint board members with the approval of the city council. 105.4.2 - Term of Office. Each member shall be appointed to a two (2) year term of office; with three (3) members appointed effective January 1, odd-numbered years, and two (2) members appointed effective January 1, even-numbered years. 105.4.3 - Quorum. Three (3) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest. (13) Section 106. Delete Section 106. (14) Section 107 is amended as follows: After the word misdemeanor in the first sentence of said section, a comma should be inserted and the language added "and the punishment therefor shall be as provided in the Code of Ordinances of the City of Huntsville, Texas." The remainder of said section remains unchanged. (15) Section 202 - Definitions is amended to read: Applicable governing body - The City of Huntsville (16) Section 301.2 is amended to read: 301.2 - Scope. 301.2.1. For the purpose of this code, the fire district is established as follows: Beginning at the intersection of the east line of Avenue N and the South line of 10th Street; Thence easterly along said south line of 10th Street to the west line of Avenue J; Thence southerly along said west line of Avenue J to the north line of 15th Street; Thence westerly along said north line of 15th Street to the west line of University Avenue; Thence southerly along said west line of University Avenue to the north line of 17th Street; Thence westerly along said north line of 17th Street to the east line of Avenue M; Thence northerly along said east line of Avenue M to the north line of 15th Street; Thence westerly along said north line of 15th Street to the east line of Avenue N; Thence northerly along said east line of Avenue N to the point of beginning. (See map attached. 301.2.2). 301.2.2 THE FIRE DISTRICT LIMITS OF HUNTSVILLE, TEXAS NUN Pi ILL( NGU$NG w *UT ITT 1••r( 00 • Sr Y R K L GOMM ••'1111— I�1_:.0MS ?�. iI �'illne..li■ji ■u111.G ■ 111 nag IlgpI' s■■ 1,I • 1� •••• a•.r•••• zaa '111. III I :Pi 'JP I alma ell m■IF. ;*III °I': rl.. ■lin CM • • u• 41111-sa %id 11711. 1 ,N Pi 1O volume sham Rill IC. 1 ;AN, (17) Section 1112.1.2 is amended to read: 1112.1.2. All interior stairways shall have solid risers, except as specifically approved by the building officials. Exterior stairs may have open risers. (18) Figure 1203.6 is amended by adding: City of Huntsville 5 lbs /sq.ft. (19) Figure 1205.1 is amended by adding: City of Huntsville 75 m.p.h. (20) Figure 1207 is amended by adding: City of Huntsville is in Zone 1. (21) Section 1703.12 is amended to read: Soil or compacted fill directly below concrete slab will be treated with chlordane solution in either a distillate or water base, applied at the rate of one gallon for every ten (10) square feet. This includes beam bottoms as well as the area below the slab. No compliance with this section is required if the building to be constructed is not frame construction. (22) Section 2002.1 is amended to read: 2002.1 - Toilet Facilities. Every building and each subdivision thereof where both sexes are employed shall be provided with access to at least two (2) toilets located either in such building or conveniently in a building adjacent thereto on the same property; provided, however, that only one toilet is required if there are no more than five (5) employees on any shift. (23) Chapter 23. Delete Chapter XXIII, Signs and outdoor displays. (B) STANDARD HOUSING CODE. (1) Section 102.1 is amended to read: 102.1 - Building Official. The City of Huntsville (herein called applicable governing body) designates the city's building official (herein called housing official) as its enforcement officer. (2) Sections 102.2 and 102.3. Delete Sections 102.2 and 102.3. (3) Sections 103.2.3 and 103.2.4 are amended to read: 103.2.3. When a residential building is to be demolished, it shall be done so in accordance with section6 -46 of the building code. (4) Sections 103.3 through 103.6. Delete Sections 103.3 through 103.6. (5) Section 106. Delete Section 106. (6) Section 107. Amend Section 107 to read: 107 - Appeals. Any person receiving notice from the housing official of deficiencies to his property under this code may within thirty (30) days following the date of such notice enter an appeal in writing to the board of adjustments and appeals (herein also called housing board of adjustments and appeals). The appellant must state the variance requested, the reasons for it, and the hardship or conditions upon which appeal is made. (7) Sections 108 and 109. Delete Sections 108 and 109. (8) Section 202. Amend Section 202 by changing the following definitions: a. Delete abandoned motor vehicle. b. Applicable governing body shall mean the City of Huntsville. c. Housing official shall mean the city's building official. (9) Section 308.2. Delete Section 308.2. (10) Section 309. Delete Section 309. (C) STANDARD EXCAVATION AND GRADING CODE. (1) Table 3A of Section 302 is amended to read: Table NO. 3 -1 - PLAN - CHECKING FEES. 5,000 cubic yards or less No fee 5,000- 10,000 cubic yards $20.00 10,001 to 100,000 cubic yards: For the first 10,000 cubic yards 20.00 Plus, for each additional 10,000 cubic yards or fraction thereof 10.00 100,001 to 200,000 cubic yards: For the first 100,000 cubic yards 110.00 Plus, for each additional 10,000 cubic yards or fraction thereof 6.00 200,001 cubic yards or more: For the first 200,000 cubic yards 170.00 Plus, for each additional 10,000 cubic yards or fraction thereof 3.00 (D) STANDARD SWIMMING POOL CODE. (1) Section 102. Delete Section 102. Section 105.5, Cost of Permit, is amended by changing the schedule of fees to that provided by Section 103.7.4 of the Standard Building Code, as adopted. Section 105.4.1 is amended by deleting the last sentence of the second paragraph, which sentence reads: "Permits shall be obtained for all of the electrical, plumbing, related utility connections and heating work prior to issuance of the building permit for the pool structure." (4) Section 107. Delete Section 107. (5) Section 108. Delete Section 108. (6) Section 202 is amended by changing the following definitions: Administrative authority - City's building official. Swimming pool is hereby defined as a receptacle for water, or an artificial pool of water having a depth at any point of more than eighteen (18) inches, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, construction, installed, and maintained in or above the ground and used collectively by numbers of persons for swimming and recreational bathing. (7) Section 301 is amended to read: 301 - General. Unless otherwise specified in this code, all piping, equipment and materials used in the plumbing system shall conform to the plumbing code of the City of Huntsville, Texas (herein called the Standard Plumbing Code) on file in the office of the city secretary. (8) Section 308 is amended by the addition of a new paragraph 308.4 which shall read as follows: 308 - Waste Water Disposal. 308.4. No person shall discharge wastewater from a swimming pool, or permit such wastewater to run off onto an adjoining landowner('s) property without the landowner('s) express written consent. (9) Section 313. Delete Section 313. (10) Section 315 is amended to read: 315 - Final Inspection - Enclosure Required. All swimming pool installations must be completed. The pool shall be completely filled with water and in operation before final inspection. (a) For the safety of others, the pool shall be completely enclosed with an approved wall, fence or other substantial structure not less than four (4) feet in height, and so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial gate or gates, or a gate which is kept locked when the swimming pool is not in use, which gates are the same height as the fence; all gates shall be provided with self - latching mechanisms that can be opened only from the interior of the pool enclosure. (b) Or, alternatively, a substantial pool cover designed for safety may be used in lieu of an approved wall, fence, or other substantial structural enclosure when the pool is not in use. (11) Section 318. Add Section 318 which shall read as follows: 318 - Sanitary and Safety Conditions. (a) Any person owning or maintaining any swimming pool shall maintain such pool in a sanitary condition. The bacterial content of the water in any swimming pool shall not be allowed to exceed the safe limits as prescribed by established standards of the state department of health. Residual chlorine from 0.2 to 0.5 parts per million units of water or any other method of disinfectant approved by the state department of health shall be maintained in every swimming pool throughout the period of their use. (b) No water in any swimming pool shall ever be permitted to show an acid reaction to a standard pH test. (c) At all times when the pool is in use, the water shall be sufficiently clear to permit a six (6) inch diameter black disc placed on a white field to be clearly visible at the deepest point of the swimming pool. The water shall have sufficient clarity at all times so that the entire bottom of the pool is clearly visible from the walkways. (d) The outlet openings on the floor of the pool shall be designed and located to reduce suction currents and shall be covered with a proper grating. (e) The health officer or his authorized representative may inspect every public swimming pool located within the city and make an inspection report. In the event the health officer or his representative discovers a violation of the terms and provisions hereof, he shall notify the person owning or maintaining such pool of the violation, by leaving a copy of an inspection report with the person owning or maintaining such pool. The health officer shall make a second inspection after a lapse of not less than ten (10) days thereafter, and if the reported violation shall not have been remedied such person owning or maintaining said pool shall be subject to the penalties imposed under this chapter and revocation of their license. (12) Chapter VI. Add a Chapter VI which shall read: 601 - Appeals. Any person aggrieved by a decision of the building official may appeal in writing to the board of adjustments and appeals as provided by the Standard Building Code. (E) MECHANICAL CODE. (1) Section 101.3.3.1. Add Section 101.3.3.1 which shall read: The following appendices are intended for enforcement and are made a part of this code and the City's adopting ordinance for all intents and purposes: Appendix A - Administrative Provisions; Appendix B - Guidelines for Estimating Heat Loss and Gain; and Appendix C - Schedule of Permit Fees. (2) Section 101.4. Delete 101.4. (3) Section 103.7. Section 103.7.4 (c102) is amended to change the reinspection fee from $5.00 to $30.00. (4) Section 107. Delete Section 107. (5) Section 105.2. Amend Section 105.2, Appeals, to read: 105.2.1. General. Any person aggrieved by a decision of the building official may appeal in writing to the board of adjustments and appeals as provided by the Standard Building Code. (6) Section 105.4. Delete Section A 105.4. (7) Section 202. Amend Section 202, Definitions, to change or add the following definitions: a. Administrative authority - City's building official. b. Mechanical official - The City's building official. (F) PLUMBING CODE. (Remains the same as existing.) Section 3: Any person, firm, or corporation who shall violate any of the provisions of Chapter 6, Buildings and Building Regulations, as amended, or who shall fail to comply with the same, shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars ($200.00). Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non - compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 5: All Ordinances and parts of Ordinances in conflict with the provisions 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: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this 15th day of July , 1986. ATTEST: a( eShaw, City ecreta APPROVED AS TO FORM: Scott Bounds, City Attorney THE CITY OF HUNTSVILLE By J Monday, ayor