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ORD 1991-16 - Adopting The Updated Editions of Codes & Inc. Fines 08-06-1991ORDINANCE NO. 91- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE PREVENTION CODE, NATIONAL ELECTRICAL CODE, STANDARD BUILDING CODE, STANDARD MECHANICAL CODE, STANDARD PLUMBING CODE, AND STANDARD GAS CODE; INCREASING THE FINE FOR VIOLATION OF SUCH CODES FROM $200 TO $500 PER DAY FOR EACH VIOLATION; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS the City's Board of Adjustments and Appeals has reviewed the new standard construction codes and recommends that the City Council of the City of Huntsville adopt updated editions of codes currently in use; and WHEREAS after reviewing the changes in construction that will be permitted by the adoption of the updated editions, Council finds that the new codes will promote maximum flexibility in building design and construction while assuring a high degree of life safety and consumer protection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Section 6 -1, Codes adopted by reference, of Chapter 6, of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 6 -1. Codes adopted by reference. (a) The book entitled "Standard Building Code, 1991 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 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, 1991 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 Swimming Pool Code, 1991 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 the design, construction or installation, repair or alterations of swimming pools. (d) The book entitled "Standard Mechanical Code, 1991 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 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. (e) The book entitled "Standard Plumbing Code, 1991 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 plumbing code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the City. (f) The book entitled "Standard Gas Code, 1991 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 adopted as the gas code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction, installation, repair or alteration of gas piping systems and gas appliances. SECTION 2: Section 6-2, Amendments to codes adopted by reference, is amended in part, by changing paragraph (A) as follows: Section 6-2. Amendments to codes adopted by reference. (A) STANDARD BUILDING CODE (1) Section 101.3.3.1 is hereby added as follows: (2) (3) (4) 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 C - Appendix D - Appendix E - Appendix G - Appendix J - Appendix K - - Weights of Building Materials One and Two Family Dwellings Standards for Demolition Energy Conservation Adobe Construction Hurricane Construction Recommended Guide for Sound Insulation in Multifamily dwellings Section 101.4. Delete Section 101.4 Building Department. Section 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7. Section 101.6 is hereby amended to read: 101.6 - Special Historic Buildings. The provisions of the Standard Building Code (other than Chapter 1) relating to the alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified as Recorded Texas Historic Landmarks, National Historic Landmarks, or buildings entered into the National Register of Historic Places, or qualified as such by the building official. It is further provided, however, that: (1) Such buildings or structures are judged by the City building official to be safe; (2) The owner submits complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect; and (3) The owner complies with the requirements of Article II of Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas. (5) Section 102.5 is amended to read: 102.5 - Unsafe Buildings. All buildings or structures which are unsafe, insanitary, 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 other 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 regulated 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 repairs 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 six (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 ninety (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 1.03.2 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. 103.2.7. 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. 103.2.8. 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. (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 contractor's 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 $50,001.00 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 $501,000.00, 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 thirty dollars ($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 -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 3001.2.1 is amended to read: Section 3001.2.1. 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 13th Street; Thence westerly along said north line of 13th Street to the east line of Avenue M; Thence northerly along east line of Avenue M to the point of beginning. (17) Figure 1203.6 is amended by adding: City of Huntsville 5 lbs /sq. ft. (18) Figure 1205 is amended by adding: City of Huntsville 75 m.p.h. (19) Figure 1207 is amended by adding: City of Huntsville is in Zone 1. (20) Section 1703.1.5 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. (21) 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. (22) Chapter 23. Delete Chapter XXIII, Signs and Outdoor Displays. SECTION 3: Section 6 -2, Amendments to Codes adopted by reference, is amended in part by changing sub paragraph (E)(1) as follows: (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 - Guidelines for Estimating Heat Loss and Gain; and Appendix B - Schedule of Permit Fees. SECTION 4: Section 6 -2, Amendments to Codes adopted by reference, is amended in part by changing subparagraph (F)(1), (4), (11), (12), and (13) as follows: (F) STANDARD PLUMBING CODE. (1) Section 101.3.3 is amended to read: The appendices included in the Code 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 Appendix C Appendix D - Appendix F - Appendix G - Appendix J - Appendix K - - Roof Drain Sizing Method - Travel Trailer and Travel Trailer Parks - Manufactured Homes and Manufactured Home Parks Cross Connection, Backflow and Backsiphonage Sizing of Water Piping System Hospital Plumbing System Water Conservation Illustrations (4) Section 102.5 is amended to read: 102.5 - Unsafe Installations. All plumbing installation regardless of type, which ar unsafe or which constitute a hazard to human life, health or welfare 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. (11) Section 101.4 is deleted. (12) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions: The word or term "plumbing" as used in "the plumbing license law" means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids, and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb: all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Home owner: Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation if its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connecting appliances to existing piping installations; water treatment installations, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with section 3A of the "plumbing license law". (13) Section 103.7.4 is deleted. SECTION 5: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing subparagraphs (G)(1), (4), (9), (10), and (11) as follows: (G) GAS CODE. (1) Section 101.3.3 is amended to read: The appendices included in this code 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 - Flow of Gas through Fixed Orifices Appendix D - Example Problems (4) Section 102.5 is amended to read: 102.5 - Unsafe Gas System All gas systems, regardless of type, which are unsafe or which constitute a hazard to human life, health or welfare 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. (9) Section 101.4 is deleted. (10) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions. The word or term "plumbing" as used in the plumbing license law means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb; all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation of its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connection with appliances to existing piping installations; water treatment installation, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP Gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with Section 3A of the "Plumbing License Law ". (11) Section 103.7.4 is deleted. SECTION 6: Sub - section 7 -6(a) of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 7 -6. Installation standards. (a) In every case where no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1990 Edition (a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office). SECTION 7: Section 8 -1, Fire Prevention Code - Adopted, of the Code of Ordinances of the City of Huntsville, Texas, is amended as follows: The book entitled, "Standard Fire Prevention Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the fire prevention code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the storage, use or handling of hazardous materials, substances or devices, and in the repair, equipment, use, occupancy, and maintenance of every existing building or structure within the City. (Ord. of 10 -3 -61, § 1; Ord. No. 76 -2, § 1, 1- 13 -76; Ord. No. 86 -21, § 1, 7- 15 -86) SECTION 8: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to One thousand dollars ($1,000.00) upon conviction. 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 9: 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 10: 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 11: 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 days after the date of final passage. PASSED AND APPROVED this Cl 1 day of August, 1991. THE CITY OF HUNTSVILLE W. H. Hodges, ayor APPROV 1 AS TO FORM: Scott ds, City Attorney