HomeMy WebLinkAboutOrdinance - 2012-O0055 - Adoption Of 2009 International Building Code - 05/30/2012First Reading
May 30, 2012
Item No. 6.8
ORDINANCE NO. 2012-00055
Second Reading
June 7, 2012
Item No. 5.9
AN ORDINANCE AMENDING ARTICLES 28.01.002(a), 28.04.003 AND 28.09 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH
REGARD TO CONTRACTOR BONDING REQUIREMENTS AND ADOPTION OF
THE 2009 INTERNATIONAL BUILDING CODE AND PROVIDING FOR CERTAIN
AMENDMENTS THERETO TO MEET LOCAL CONDITIONS; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the opinion of the City Council that the best interests of the citizens of
the City of Lubbock would be served by increasing the minimum bond amounts
necessary for contractors to obtain permits within the City of Lubbock, as well as to
adopt the 2009 International Building Code with certain amendments to meet local
conditions; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article 28.01.002(a) of the Code of Ordinances of the City of
Lubbock is hereby amended to read as follows:
Sec.28.01.002 Scope
(a) The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal and demolition of every building or structure or
any appurtenances connected or attached to such buildings or structures, as well
as the construction, alteration, movement, enlargement, replacement, repair.
maintenance, removal and demolition of building systems governed by the
specific technical codes referenced in the following articles of this chapter:
Article 28.09: The International Building Code, as amended;
Article 28.10: The International Plumbing Code, as amended;
Article 28.11: The International Mechanical Code, as amended;
Article 28.12: The National Electrical Code (NFPA 70), as amended;
Article 28.14: The International Residential Code, as amended;
Article 28.15: The International Fuel Gas Code, as amended;
1
Article 28.16: The International Energy Conservation Code, as amended;
CTION 2. THAT Article 28.04.003 of the Code of Ordinances of the City of
bbock is hereby amended to read as follows:
Sec. 28.04.003 Bond requirements
Except as may otherwise be provided in this article, any person, firm or
corporation seeking registration as a contractor in order to obtain pen -nits required
by this code shall file with the building official a good and sufficient bond in the
amount of twenty thousand dollars ($20,000.00) issued by a surety company
authorized to do business in the State of Texas. Such bond shall contain language
approved by the city attorney for its intended purpose, and shall be conditioned
upon compliance with all provisions of the building code, and all other applicable
ordinances and regulations of the City of Lubbock by the principal, his agents and
employees. All sureties on said bond shall be liable for breach thereof to the City
of Lubbock, to the owner of the property upon which work is performed, to any
person, firm or corporation with whom the principal has contracted either orally
or in writing to perform building construction, alteration, repair or other work,
and to any person who may be damaged or injured by the principal's failure to
comply with the regulations, ordinances and building code of the City of
Lubbock. A claim upon said bond may be made by any person damaged by
reason of the principal's failure to perform his obligations under the ordinances,
building code and regulations of the City of Lubbock. Suspension or revocation of
any license or permit shall not limit the liability of either the principal or the
surety on any such bond.
ECTION 3. THAT Article 28.09 of the Code of Ordinances of the City of Lubbock is
ereby amended to read as follows:
ARTICLE 28.09 BUILDING CODE
Division 1. Generally
Sec.28.09.001 Adopted
(a) The 2009 edition of the International Building Code published by the
International Code Council, Inc., as hereinafter amended, including all appendices
and reference standards not specifically excluded below, is hereby adopted as the
building code of the city.
(b) Exceptions. The following provisions are specifically excluded from
adoption:
(1) Chapter 11 - Accessibility.
(2) Appendix A - Employee Qualifications.
(3) Appendix B - Board of Appeals.
(4) Appendix D - Fire Districts.
(5) Appendix E - Supplemental Accessibility Requirements.
(6) Appendix F - Rodent proofing.
(7) Appendix G - Flood -Resistant Construction. Projects must instead
conform to the applicable provisions of article 30.03 of the Lubbock Code
of Ordinances.
(8) Appendix J - Grading.
(9) Appendix K - Administrative Provisions.
(c) A copy of said building code is attached hereto and incorporated herein as
though set out herein in detail. References to the International Building Code in
this article shall mean the 2009 edition. One copy of the 2009 International
Building Code shall be filed with the city secretary and a copy shall be maintained
in the office of the city building official. All such copies, with the amendments
thereto, shall be open to public inspection during the usual business hours of the
offices where they are maintained.
See.28.09.002 Administration
Chapter 1 of the 2009 International Building Code, entitled "Administration," is
hereby deleted in its entirety, and the following sections 28.09.003 through
28.09.091 substituted therefor.
Sec. 28.09.003 Intent and purpose
The purpose of this code is to establish the minimum requirements to safeguard
the public health, safety and general welfare through structural strength, means of
egress facilities, stability, sanitation, adequate light and ventilation, energy
conservation, and safety to life and property from fire and other hazards attributed
to the built environment and to provide safety to firefighters and emergency
responders during emergency operations.
Sec. 28.09.004 Administrative provisions
Provisions governing the administration of the 2009 International Building Code
shall be as set forth herein.
Sec. 28.09.005 General administrative provisions
Provisions governing the administration of the 2009 International Building Code
shall be as set forth herein.
Sec. 28.09.006 Supplemental administrative provisions
The following administrative provisions are in addition to the general
administrative provisions of articles 28.01 through 28.08 of this chapter, and are
specific to projects within the scope of this article (the 2009 International
Building Code).
Secs.28.09.007-28.09.040 Reserved
Division 2. Construction Documents; Specific Submittal Requirements
Sec. 28.09.041 Construction documents; specific submittal
requirements
In addition to submittal requirements specified in article 28.05, division I of this
code, the documentation described in sections 28.09.042 through 28.09.046 of
this code shall be submitted, as applicable.
Sec. 28.09.042 Fire protection system shop drawings
Shop drawings for fire protection system(s) shall be submitted to indicate
conformance with this code and the construction documents and shall be
approved prior to the start of system installation. Shop drawings shall contain all
information as required by the referenced installation standards in chapter 9, and
shall be reviewed by the fire marshal.
Sec. 28.09.043 Means of egress
The construction documents shall show in sufficient detail the location,
construction, size and character of all portions of the means of egress in
compliance with the provisions of this code. In other than occupancies in group
R-3, the construction documents shall designate the number of occupants to be
accommodated on every floor, and in all rooms and spaces.
Sec. 28.09.044 Exterior wall envelope
Construction documents for all buildings shall describe the exterior wall envelope
in sufficient detail to determine compliance with this code. The construction
documents shall provide details of the exterior wall envelope as required,
including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water -
resistive membrane and details around openings. The construction documents
shall include manufacturer's installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the
construction documents maintain the weather resistance of the exterior wall
envelope. The supporting documentation shall fully describe the exterior wall
system which was tested, where applicable, as well as the test procedure used.
Sec. 28.09.045 Site plan
The construction documents submitted with the application for permit shall be
accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the
established street grades and the proposed finished grades and, as applicable,
flood hazard areas, floodways, and design flood elevations; and it shall be drawn
in accordance with an accurate boundary line survey. In the case of demolition,
the site plan shall show construction to be demolished and the location and size of
existing structures and construction that are to remain on the site or plot. The
building official is authorized to waive or modify the requirement for a site plan
when the application for permit is for alteration or repair or when otherwise
warranted.
Sec. 28.09.046 Survey and survey certificate
Any person engaged in the practice of surveying who makes a survey of any lot,
block, tract or parcel of land in the city shall file a copy of such survey with the
city engineer. The property owner or building contractor shall be responsible for
boundary line corner stakes being in place at the time of the first inspection by the
building official, and before the issuance of a building permit a certificate shall be
filed with the building official by a licensed surveyor or licensed engineer,
certifying that such boundary line corner stakes have been set on the site of the
proposed construction. The certificate shall be accompanied by a statement of the
minimum floor elevations if property is located in a flood area as defined by this
Code of Ordinances. In all cases where it may appear to the building official that
the proposed improvement will encroach upon any public way, or come within
established building lines, or affect setback requirements under any ordinance, the
building official is required to refer the application for permit to the city engineer
and secure his approval before issuing a building permit.
Sees.28.09.047-28.09.080 Reserved
Division 3. Inspections
Sec.28.09.081 Scope
The building official, upon notification from the permittee, shall make the
inspections set forth in sections 28.09.082 through 28.09.091 below.
Sec. 28.09.082 Footing and foundation inspection
Footing and foundation inspections shall be made after excavations for footings
are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection. Materials for
the foundation shall be on the job, except where concrete is ready mixed in
accordance with ASTM C 94, the concrete need not be on the job.
Sec. 28.09.083 Concrete slab and under -floor inspection
Concrete slab and under -floor inspections shall be made after in -slab or under-
floor reinforcing steel and building service equipment, conduit, piping accessories
and other ancillary equipment items are in place, but before any concrete is placed
or floor sheathing installed, including the subfloor.
Sec. 28.09.084 Finished floor elevation
In flood hazard areas, upon placement of the lowest floor, including the basement,
and prior to further vertical construction, the elevation certification required in
article 30.03 of the Code of Ordinances shall be submitted to the building official.
Where necessary to determine that the finished floor elevation is in compliance
with other provisions of this code, the building official is authorized to require
that an elevation certificate be prepared by a registered professional land surveyor
or a licensed professional engineer prior to authorizing further vertical
construction.
Sec.28.09.085 Framing
Framing inspections shall be made after the roof deck or sheathing, all framing,
fire blocking and bracing are in place and pipes, chimneys and vents to be
concealed are complete and the rough electrical, plumbing, heating wires, pipes
and ducts are approved.
Sec. 28.09.086 Lath and gypsum board
Lath and gypsum board inspections shall be made after lathing and gypsum board,
interior and exterior, is in place, but before any plastering is applied or gypsum
board joints and fasteners are taped and finished.
Im
Exception: Gypsum board that is not part of a fire -resistance -rated assembly or a
shear assembly.
Sec. 28.09.087 Fire-resistant penetrations
Protection of joints and penetrations in fire -resistance -rated assemblies shall not
be concealed from view until inspected and approved.
Sec. 28.09.088 Energy efficiency
Inspections shall be made to determine compliance with chapter 13 and shall
include, but not be limited to, inspections for: envelope insulation R and U values,
fenestration U value, duct system R value, and HVAC and water -heating
equipment efficiency.
Sec. 28.09.089 Other inspections
In addition to the inspections specified above, the building official is authorized to
make or require other inspections of any construction work to ascertain
compliance with the provisions of this code and other laws that are enforced by
the department of building safety.
Sec. 28.09.090 Special inspections
For special inspections, see section 1704.
Sec. 28.09.091 Final inspection
The final inspection shall be made after all work required by the building permit
is completed.
Sees.28.09.092-28.09.130 Reserved
Division 4. Specific Amendments
Sec.28.09.131 Adopted
Specific amendments to the International Building Code adopted in section
28.09.001 are as follows:
(1) Accessible means of egress. Section 1007 is deleted in its entirety.
(2) Access -controlled egress doors. Section 1008.1.4.4 is hereby
amended to read as follows:
1008.1.4.4 Access -controlled egress doors. The entrance doors in a
means of egress in buildings with an occupancy in Group A, B, E,
I-2, M, R-1 or R-2 and entrance doors to tenant spaces in
occupancies in Groups A, B, E, I-2, M, R-1 and R-2 are permitted
to be equipped with an approved entrance and egress access
control system which shall be installed in accordance with all of
the following criteria:
A sensor shall be provided on the egress side arranged to
detect an occupant approaching the doors. The doors shall
be arranged to unlock by a signal from or loss of power to
the sensor.
2. Loss of power to that part of the access control system
which locks the doors shall automatically unlock the doors.
3. The doors shall be arranged to unlock from a manual
unlocking device located 40 inches to 48 inches (1016 mm
to 1219 mm) vertically above the floor, in sight and within
5 feet (1524 mm) of the secured doors. Ready access shall
be provided to the manual unlocking device and the device
shall be clearly identified by a sign that reads "If door will
not operate, PUSH TO EXIT." When operated, the manual
unlocking device shall result in direct mechanical
interruption of power to the lock —independent of the access
control system electronics —and the doors shall remain
unlocked for a minimum of 30 seconds. The manual
unlocking device shall be provided with a hinged, clear
plastic cover.
4. Activation of the building fire alarm system, if provided,
shall automatically unlock the doors, and the doors shall
remain unlocked until the fire alarm system has been reset.
5. Activation of the building automatic sprinkler or fire
detection system, if provided, shall automatically unlock
the doors. The doors shall remain unlocked until the fire
alarm system has been reset.
6. Entrance doors in buildings with an occupancy in Group A,
B, E or M shall not be secured from the egress side during
periods that the building is open to the general public. A
readily visible, durable sign shall be posted on the egress
side of such entrance doors stating: THIS DOOR TO
REMAIN UNLOCKED DURING BUSINESS HOURS.
The sign shall be in letters one (1) inch high on a
0
contrasting background. For purposes of this section,
"entrance doors" refer to building or tenant space perimeter
doors that are equipped with entrance hardware.
(3) Special locking arrangements in Group I-2. Section 1008.1.9.6 is
hereby amended to read as follows:
1008.1.9.6 Special locking arrangements in Group I-2. Approved
delayed egress locks shall be permitted in a Group I-2 occupancy
where the clinical needs of persons receiving care require such
locking. Delayed egress locks shall be permitted in such
occupancies where the building is equipped throughout with an
automatic sprinkler system in accordance with section 903.3.1.1 or
an approved automatic smoke or heat detection system installed in
accordance with section 907, provided that the doors unlock in
accordance with items 1 through 6 below. A building occupant
shall not be required to pass through more than one door equipped
with a delayed egress lock before entering an exit.
The doors unlock upon actuation of the automatic sprinkler
system or automatic fire detection system.
2. The doors unlock upon loss of power controlling the lock
or lock mechanism.
3. The door locks shall have the capability of being unlocked
by a signal from the fire command center, a nursing station
or other approved location.
4. The procedures for the operation(s) of the unlocking system
shall be described and approved as part of the emergency
planning and preparedness plan required by chapter 4 of the
International Fire Code.
5. All clinical staff shall have the training, keys, codes or
other means necessary to operate the locking devices.
6. Emergency lighting shall be provided at the door.
Exception: Items 1 and 2 shall not apply to doors to areas
where persons, because of clinical needs, require restraint
or containment.
(4) Delayedgress locks. Section 1008.1.9.7 is hereby amended to
read as follows:
1008.1.9.7 Delayed egress locks. Approved, listed, delayed egress
locks shall be permitted to be installed on doors serving any
occupancy except Group A, E and H occupancies in buildings that
are equipped throughout with an automatic sprinkler system in
accordance with section 903.3.1.1 or an approved automatic smoke
or heat detection system installed in accordance with Section 907,
provided that the doors unlock in accordance with items 1 through
6 below. A building occupant shall not be required to pass through
more than one door equipped with a delayed egress lock before
entering an exit.
The doors unlock upon actuation of the automatic sprinkler
system or automatic fire detection system.
2. The doors unlock upon loss of power controlling the lock
or lock mechanism.
3. The door locks shall have the capability of being unlocked
by a signal from the fire command center, or other location
approved by the fire official.
4. The initiation of an irreversible process which will release
the lock in not more than 15 seconds when a force of not
more than 15 pounds (67 N) is applied for 1 second to the
release device. Initiation of the irreversible process shall
activate an audible signal in the vicinity of the door. Once
the door lock has been released by the application of force
to the releasing device, relocking shall be by manual means
only.
Exception: Where approved, a delay of not more than 30
seconds is permitted.
5. A sign shall be provided on the door located above and
within 12 inches (305 mm) of the release device reading:
PUSH UNTIL ALARM SOUNDS. DOOR CAN BE
OPENED IN 15 [30] SECONDS.
6. Emergency lighting shall be provided at the door.
(5) Secondary drainage required. Section 1503.4.1 is hereby amended
to read as follows:
to
1503.4.1 Secondary drainage required. Secondary (emergency)
roof drains or scuppers shall be provided where the roof perimeter
construction extends above the roof in such a manner that water
will be entrapped if the primary drains allow buildup for any
reason.
(6) Overflow drains and scuppers. Section 1503.4.2 is hereby amended
to read as follows:
1503.4.2. Overflow drains and scuppers. When overflow drains or
scuppers are used for secondary (emergency overflow) roof
drainage, they shall discharge to an approved location and shall not
be connected to the primary roof drainage system. Flow through
the primary system shall not be considered when sizing secondary
roof drainage. The quantity, size, location and inlet elevation of the
overflow drains and/or scuppers shall be designed and constructed
to meet all of the following, as applicable:
a) The depth of ponding shall not exceed that for which the
roof was designed as determined by Section 1503.4.1;
b) Where overflow drains are used in lieu of scuppers, they
shall be sized the same as the primary roof drains and
installed with the inlet flow line not more than 2 inches
above the low point of the roof drainage area;
c) Where scuppers are used, they shall be sized three times the
size of the roof drains with a minimum opening height of 4
inches and installed with the inlet flow line not more than 2
inches above the low point of the roof drainage area.
(7) General (Live loads). Section 1607.1 is hereby amended to read as
follows:
1607.1 General. Live loads are those loads defined in
section 1602.1. A summary of various live load factors, as well as
other climatic and geographic design criteria to be used in the city,
is included in table 1607 below.
TABLE 1607
SUMMARY OF CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA
Ground Snow Load: 115 psf
11
Basic Wind Speed:
90 mph
Seismic Design Category:
A
Mapped Spectral Response
Acceleration, Ss
0.108
Mapped Spectral Response
Acceleration, S 1
0.034
Weathering:
Moderate
Frost Line Depth:
14 inches
Termite:
Moderate to Heavy
Decay:
None to Slight
Summer Dry Bulb Temp.:
96 degrees F
Summer Wet Bulb Temp.:
69 degrees F
Winter Dry Bulb Temp.:
15 degrees F
Heating Degree Days:
3499 days
Cooling Degree Days:
1738 days
Climate Zone:
713; Zone 3 per ASHRAE 90.1
Flood Hazards:
Refer to chapter 30, article 30.03 of the
Code of Ordinances
(8) Reduction in roof live loads. Section 1607.11.2 is hereby amended
to read as follows:
1607.11.2 Reduction in roof live loads. The minimum uniformly
distributed live loads of roofs and marquees, Lo, in Table 1607.1
are permitted to be reduced in accordance with Section 1607.11.2.1
or 1607.11.2.2, except that no roof live load reduction is permitted
for any structural roof member on roofs having slopes less than or
equal to four (4) inches per foot, or on any arch or dome having a
rise less than one -eighth of the span.
(9) Site grading. Section 1804.3 is hereby amended to read as follows:
1804.3 Site grading. The ground immediately adjacent to the
foundation shall be sloped away from the building at a slope of not
less than one unit vertical in 20 units horizontal (5-percent slope)
for a minimum distance of 10 feet (3048 mm) measured
perpendicular to the face of the wall. If physical obstructions or lot
12
lines prohibit 10 feet (3048 mm) of horizontal distance, a 5-percent
slope shall be provided to an approved alternative method of
diverting water away from the foundation. Swales used for this
purpose shall be sloped a minimum of 2 percent where located
within 10 feet (3048 mm) of the building foundation. Impervious
surfaces within 10 feet (3048 mm) of the building foundation shall
be sloped a minimum of 2 percent away from the building. The
procedure used to establish the final ground level adjacent to the
foundation shall account for additional settlement of the backfill.
Exceptions:
1) Where climatic or soil conditions warrant, the slope of the
ground away from the building foundation shall be
permitted to be reduced to not less than one unit vertical in
48 units horizontal (2-percent slope).
2) Where approved by the Building Official, final site grading
may be designed by a design professional registered in the
State of Texas.
(10) Prescriptive footings for light -frame construction. Section 1809.7
is hereby amended to read as follows:
1809.7. Prescriptive footings for light -frame construction. Where a
specific design is not provided, concrete footings supporting walls
of light -frame construction shall be permitted to be designed in
accordance with Tables 1809.7.1 and 1809.7.2 and figures
1809.7.1 through 1809.7.3 below.
(11) Table 1809.7 "Prescriptive Footings Supporting Walls of Ligl2
Frame Construction". Table 1809.7 is hereby replaced by Tables
1809.7.1 and 1809.7.2 as follows:
'FABLE 1809.7.1
FOOTINGS SUPPORTING WALLS OF LIGHT -FRAME CONSTRUCTION
a,b,c
(Combination Slab -on -Ground Foundation - Refer to Figure 1809.7.1)
Number of
Floors Width of Footing (Inches) Thickness of Footing
Supported by (Inches)
the Footing°
13
No Brick Veneer
4" Brick
No Brick
4" Brick
Veneer
Veneer
Veneer
1
16
12
2
3
Design Required
TABLE 1809.7.2
-OOTINGS SUPPORTING WALLS OF LIGHT -FRAME CONSTRUCTION a,b,c
(Monolithic Slab -on -Ground Foundation - Refer to Figure 1809.7.2 )
umber of Floors
Thickness Footing
Supported by the
Width of Footing (Inches)
(inches)
Footing`
No Brick Veneer
4" Brick
Veneer
No Brick Veneer
4" Brick
Veneer
1
16
12
Design Required
Notes to tables 1809.7.1 and 1809.7.2:
Depth of footings shall be in accordance with section 1809.4.
Footings are permitted to support a roof in addition to the stipulated number of
ors. Footings supporting roof only shall be as required for supporting one floor.
ssumes uniform loading by repetitive framing members; concentrated loads shall be
sidered separately, and may require specific design.
(12) Foundation details. New figures 1809.7.1, 1809.7.2 and 1809.7.3
are hereby added as follows:
3.4
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(13) Foundation elevation. Section 1808.7.4 is hereby amended to read
as follows:
1808.7.4 Foundation elevation. Minimum building floor
elevations shall comply with Table 1808.7.4 based on relative lot
slopes.
TABLE 1808.7.4
MINIMUM FLOOR ELEVATION FOR STRUCTURES
RELATIVE TO SLOPES OF THE LOT
Difference
Minimum floor elevation
Minimum floor elevation above
in
above top of curb when
top of curb when slope is to
elevation
slope is to rear (inches)
front (inches)
from top
of curb to
rear
property
line
(inches)
0
12
12
6
10.5
13.5
12
9
15
18
8
16.5
24
6
18
30
6
19.5
36
6
21
1) See Section 1804.3 for grading requirements;
2) The minimum floor elevation shall be determined by using the top of the floor slab and
shall be a minimum of six (6) inches above the calculated peak water surface elevation
as determined by the City Engineer, or that determined by Table 1808.7.4. whichever
results in the more stringent requirement. It shall be the responsibility ofthe
builder/contractor to provide the building official with a survey certificate indicating the
required finished floor elevation as determined by the surveyor. The required elevation
shall be indicated on the construction plans. Structures located in any flood hazard area
shall comply with Article 30.03 of the Lubbock Code of Ordinances, as well as all
F.E.M.A. regulations, which will supersede the above.
3) Alternate elevations are permitted subject to review and approval by the City Engineer
and the Building Official provided it can be demonstrated by a registered design
professional that all required drainage to an approved point of discharge away from the
structure is provided at all locations on the site.
(14) Flood hazard areas. Section 3403.2 is hereby amended to read as
follows:
3403.2 Flood hazard areas. For buildings and structures in flood
hazard areas established in Article 30.03.008 of the Lubbock Code
of Ordinances, any addition that constitutes substantial
improvement of the existing structure, as defined in Article
30.01.001, shall comply with the flood design requirements in
Article 30.03.071.
(15) Flood hazard areas. Section 3404.2 is hereby amended to read as
follows:
3404.2 Flood hazard areas. For buildings and structures in flood
hazard areas established in established in Article 30.03.008 of the
Lubbock Code of Ordinances, any alteration that constitutes
substantial improvement of the existing structure, as defined in
Article 30.01.001, shall comply with the flood design requirements
in Article 30.03.071.
(16) Flood hazard areas. Section 3405.5 is hereby amended to read as
follows:
3405.5 Flood hazard areas. For buildings and structures in flood
hazard areas established in Article 30.03.008 of the Lubbock Code
of Ordinances, any repair that constitutes substantial improvement
of the existing structure, as defined in Article 30.01.001, shall
comply with the flood design requirements in Article 30.03.071.
(17) Moved structures. Section 3410 of the 2009 International Building
Code, entitled "moved structures" is hereby amended by deleting
section 3410.1, and adding new sections 3410.1 through 3410.6, to
read as follows:
3410.1 Permit required to move building or structure.
Except as set forth herein, no person or persons shall hereafter
move any building into, or out of, the city limits, or from one
location to another within the city limits, where the same shall be
moved in, through, or upon the streets, alleys, avenues, or public
grounds, unless said person shall first secure a permit to do so from
the building official. Violation of this section is deemed a
misdemeanor punishable by fine in accordance with section
1.01.004 of the Code of Ordinances of the city.
Building/Structure movement permits shall not be required for the
following:
1. Portable building units, as the same are defined by section
623.121 of the Texas Transportation Code, that are moved
solely upon State highways within the corporate limits.
L7
2. The movement of portable buildings not exceeding 14 feet
in loaded width or height, or 40' in loaded length, as the
case may be.
3. The movement and installation of Housing and Urban
Development (HUD) -Code manufactured homes by
persons licensed by the state to do so, and otherwise in
conformance with the procedures, rules, and requirements
set forth in the administrative rules of the Texas
Department of Housing and Community Affairs at 10 TAC
chapter 80.
4. The movement and installation of industrialized housing
and buildings and their component parts by persons
licensed by the state to do so, and otherwise in
conformance with the procedures, rules, and requirements
set forth in the administrative rules of the Texas
Department of Licensing and Regulation at 16 TAC chapter
70.
5. The movement of industrialized buildings or buildings that
are otherwise pre -built or manufactured within the city
limits and intended solely for export and installation
outside the city limits.
3410.2 Moving contractors to be registered, bonded, and insured.
Persons engaged in moving buildings and structures pursuant to
this chapter (hereafter referred to as "moving contractors") shall be
registered with the city in accordance with section 28.04.001 of the
Code of Ordinances. Notwithstanding any provision to the
contrary, such contractors shall give bond to the city pursuant to
section 28.04.003, in addition to being insured pursuant to section
28.04.004. In lieu of the respective coverage amounts specified
therein, the minimum coverage amounts for purposes of this
section shall be as follows:
1. Compliance bond: $25,000.
2. Commercial general liability insurance: $300,000.
3. Commercial automobile insurance: $500,000 per vehicle.
Any bond or insurance provided pursuant to this section shall be
effective and fully paid and maintained in compliance with the
certificates provided the city through the date that the bonded or
insured activity is finally completed.
3410.3 Conformance; minimum standards. All buildings or
structures moved into or within the city shall conform to the
applicable standards as set forth in 3410.3.1 through 3410.3.4
below.
3410.3.1 Current building standards applicable. Buildings
and structures moved into or within the city shall comply,
or be altered to comply with the applicable provisions of
the Code of Ordinances for new buildings and structures,
including, without limitation, all building, structural,
plumbing, fuel gas, mechanical, and electrical systems.
3410.3.2 Certain manufactured homes ("mobile homes")
prohibited. Manufactured homes that were manufactured
prior to June 15, 1976, and therefore not in accordance with
HUD standards (defined as "mobile homes" by the Texas
Manufactured Housing Standards Act) shall not be installed
or relocated within the city limits. Violation of this section
is deemed a misdemeanor punishable by fine in accordance
with section 1.01.004 of the Code of Ordinances.
Exception: Owner -occupied mobile homes, as defined
herein, lawfully in place within the corporate limits on the
effective date of this section, that are subsequently
determined by inspection to be in conformance with the
minimum housing standards contained within the property
maintenance code as referenced in chapter 34 of the Code
of Ordinances.
3410.3.3 Mobile home replacement authorized. A mobile
home, as defined in section 3410.3.2 above, previously
lawfully placed and installed on a lot or parcel within the
city limits, may be replaced by a HUD -code manufactured
home (manufactured on or after June 15, 1976 in
accordance with HUD standards) in accordance with
applicable requirements of chapter 40 (zoning) of the Code
of Ordinances in order to facilitate upgraded, safer housing.
Manufactured homes not of new manufacture are subject to
inspection by the building official to determine compliance
with minimum acceptable standards for safety as outlined
in this chapter, and by the structural standards administrator
to determine compliance with minimum housing standards
contained within the property maintenance code.
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3410.3.4 Minimum housing standards. Moved buildings
that will serve as dwelling units shall comply with the
residential provisions of the International Residential Code
or the International Building Code, as applicable. Where it
is technically infeasible to comply with a provision of said
code(s), the building official may apply the provisions of
the International Existing Buildings Code and/or the
minimum housing standards contained within the property
maintenance code contained in chapter 34 of the Code of
Ordinances.
3410.4 Procedures. The procedures set forth within 3410.4.1
through 3410.4.6 shall be followed with regard to the movement of
all buildings and structures pursuant to this chapter.
3410.4.1 Permit application and review. The moving
contractor shall apply for a moving permit on forms
provided by the building official. Prior to issuance of such
moving permit, the owner of the building shall also apply
to the zoning board of adjustment for a special exception
allowing the proposed move pursuant to section
40.02.055(b)(10) of the Code of Ordinances, unless
specifically exempted by that section.
3410.4.2 Investigative inspection and report. Prior to
issuance of the moving permit and where the building is not
exempt from the special exception requirements of section
40.02.055(b)(10), prior to the agenda deadline for the
scheduled hearing of the zoning board of adjustments to
consider the special exception, the building official shall
inspect, or cause to be inspected, the building or structure
proposed to be moved, provided that the building owner or
mover shall first pay an investigative inspection fee of
$60.00, or as might otherwise be established by the city
council. Subsequent to the inspection, the building official
shall issue an inspection report which shall generally
describe the structural and appearance characteristics of the
building, and which shall include information regarding
building area and dimensions, foundation style and general
condition, roofing and exterior wall cladding materials, the
presence and condition of any garage or outbuildings, the
general condition of floor systems, exterior and interior
walls, roof decking and covering materials, windows, and
bathroom/kitchen areas and associated fixtures. Said report
shall be provided, promptly upon completion, to the owner
and the zoning board of adjustments.
3410.4.3 Action of board; conditional approval. If the
zoning board of adjustment grants the special exception,
the building official may issue the permit subject to any and
all requirements or conditions placed by the board thereon,
as well as the other requirements of this chapter. All such
requirements and conditions shall be incorporated into the
permit, and are considered legal requirements for the
purposes of compliance with this chapter.
3410.4.4 Building to be moved beyond the city limits. The
building official may issue a permit to move a building or
structure at least five thousand (5,000) feet outside of the
city limits without a special exception granted by the
zoning board of adjustment.
3410.4.5 Procedure where special exception not required.
Where a special exception from the zoning board of
adjustment is not required, all other provisions of this
chapter shall remain applicable.
3410.4.6 Denial of permit. The building official shall deny
a moving permit under any of the following circumstances:
1. Where the zoning board of adjustments has denied a
required special exception.
2. Where the city or any public utility companies
owning overhead infrastructure, including but not
limited to wires and cables, have not first examined
the proposed movement route to determine that: (a)
it owns no lines along the route; and/or (b) that the
proposed movement of the building or structure will
not require the removal or cutting of any overhead
infrastructure. All routes approved by the city or a
public utility company must be evidenced by
attested, authorized signature.
3. Where the department of traffic engineering has not
first examined the proposed movement route to
determine that no traffic signal mast arm will
require removal or adjustment in order to
accommodate the building or structure. Approval of
the proposed route must be evidenced by attested.
authorized signature.
!1
4. Where the department of traffic engineering, fire
department or police department have not first
approved the proposed movement route for the
dates and times specified in the application, as
attested by the signatures of the authorities having
jurisdiction;
5. Where the parties are not otherwise in full
compliance with the provisions of the Code of
Ordinances, as determined solely by the city,
including the specific responsibilities of the parties
outlined in section 3408.5.
3410.5 Responsibilities of the parties. The specific
responsibilities of the parties involved in the movement of
buildings or structures shall be as stipulated in sections
3410.5.1 through 3410.5.3 below. Where the destination lot
is outside the corporate limits of the city, sections
3410.5.1(4)(a) and 3410.5.3 shall not apply.
3410.5.1 Moving contractor.
The moving contractor shall perform the following:
1. Obtain and maintain all required insurance policies,
bonds, permits, and approvals as necessary to
initiate and complete the project in a lawful manner;
2. Obtain necessary permit applications from the
building official, identify the route, date(s), and
time(s) of the proposed move, including the
locations and durations of any temporary storage
("stack lot") locations, and secure the approval of
all city and franchise utility companies, the City of
Lubbock Traffic Engineering Department, the
Texas Department of Transportation, as applicable,
and emergency service providers, including, but not
limited to, the Lubbock Police Department,
Lubbock Fire Department, and Lubbock emergency
medical services providers, as specified in section
3410.4.6.
3. Advise the building owner if a zoning board of
adjustment (ZBA) special exception is required
pursuant to section 40.02.055(b)(10) of the Code of
Ordinances.
22
4. If the special exception referenced in (3) above is
granted the owner, or is not otherwise required:
a) Confirm that the destination lot/building
owner has obtained necessary building
permits for construction of a permanent
foundation system, has completed said
construction and received final inspection
approval for same pursuant to section
3410.9.3 item #3;
b) Arrange and pay for a police department
escort along the moving route in accordance
with applicable police department policy;
and
c) Obtain necessary moving permits from the
building official.
5. Coordinate with the appropriate utility companies to
disconnect and make safe all sources of electricity,
water, fuel gas, and sanitary sewer. Sanitary sewer
outlets shall be capped or otherwise secured from
rainwater infiltration. Electricity shall be
disconnected at the transformer or through removal
of the meter and sealing of the meter socket against
unauthorized entry. Fuel gas shall be shut off at the
meter.
6. Provide proper and adequate safeguards for the
public, employees, and adjoining property during
demolition and lot clearing activities, including
compliance with section 3303 of the International
Building Code and obtaining street barricade
permits where necessary for protection oflfroin
vehicular traffic.
7. In coordination with the appropriate department,
agency, or franchise utility company, repair all
damage to public improvements incurred during
demolition and building movement activities,
including, but not limited to, street surfaces, curb
and gutter, sidewalks, driveway approaches, utility
lines, sign posts, traffic signals, and drainage
structures along the moving route.
23
Failure to comply with item (5), (6) or (7) of this section is
deemed a misdemeanor punishable by fine in accordance
with section 1.01.004 of the Code of Ordinances.
3410.5.2 Origin lot owner.
The owner of the lot from which the building is moved
shall perform the following immediately after the building
is removed from the lot:
1. Fill all open excavations with clean fill dirt (no
rubble or trash to be used).
2. Re-establish lot grades to convey storm water
runoff to the street, alley, or other approved
conveyance without ponding and without directing
storm water runoff onto other private property.
3. Clear the lot of all trash, rubbish, building debris,
dead shrubbery, tree limbs, etc.
4. Cap all sanitary sewer outlets or otherwise secure
them from rainwater infiltration.
5. In coordination with the appropriate department or
franchise utility, repair all damage to public
improvements incurred during the demolition and
building movement activities, including, but not
limited to, street surfaces, curb and gutter,
sidewalks, driveway approaches, utility lines, sign
posts, and drainage structures within the lot
frontage.
Failure to comply with items (1)—(5) of this section is
deemed a misdemeanor punishable by fine in accordance
with section 1.01.004 of the Code of Ordinances of the city.
3410.5.3 Destination lot/buildin owner. The owner of the
lot to which the building is moved shall perform the
following:
Prior to arranging for movement of the building,
obtain an investigative inspection of the building to
determine the degree of renovation necessary to
bring the building's structural, plumbing, electrical,
mechanical and fuel gas systems up to minimum
24
standards for new construction, as determined by
the applicable technical codes adopted under
chapter 28 of the Code of Ordinances. Where the lot
of origin is not within the city limits, the building
owner shall conform to building inspection
department policy with regard to arrangement of
inspections and payment therefor.
2. Obtain special exception approval from the zoning
board of adjustments pursuant to section
40.02.055(b)(10), as applicable.
3. Construct and obtain inspection approval of
required permanent foundation systems in
preparation for final placement and attachment of
the building. All necessary permits for the
foundation system must be obtained prior to
construction.
4. Upon placement and attachment of the building,
complete all required renovations to bring the
building up to current standards as required by
section 3410.3,within the time frames stipulated in
section 3410.6.
5. Complete all required work to comply with any
conditions of approval established by the zoning
board of adjustments, within stipulated time frames.
3410.6 Violations, public nuisance. Except as provided herein, any
of the conditions identified in sections 3410.6.1 through 3410.6.3
are deemed unlawful hazards to public health and safety and
therefore constitute misdemeanors punishable by tine in
accordance with section 1.01.004 of the Code of Ordinances. Said
conditions are also declared public nuisances, and shall be referred
by the building official to the structural standards administrator for
disposition pursuant to section 1102 of the property maintenance
code as set forth in chapter 34 of the Code of Ordinances.
3410.6.1. Building detached from foundation. Any building
that has been detached for more than thirty (30) days from
its foundations in preparation for a move, or that has been
moved from its original location and has not been affixed to
its permanent foundation in accordance with the building
code within thirty (30) days of the issue date of the moving
permit, or any longer period approved by the zoning board
25
of adjustments as part of the special exception process set
forth in section 40.02.055(b)(10) of the Code of
Ordinances.
3410.6.2 Building not in conformance with Code of
Ordinances. Any moved building not brought into
compliance with all relevant sections of all city codes
within 180 days from the date the foundation permit is first
issued for the destination lot, or any longer period approved
by the zoning board of adjustments as part of the special
exception process set forth in section 40.02.055(b)(10) of
the Code of Ordinances.
3410.6.3 Building not in conformance with stipulated
conditions.
Any moved building not brought into compliance with all
requirements and conditions placed thereon by the zoning
board of adjustments within such time frames as the board
shall have stipulated as part of the special exception
approval process outlined in section 40.02.055(b)(10) of
the Code of Ordinances.
A building that has been secured against entry and moved
to an appropriately -zoned temporary location ("stack lot")
that is fenced or otherwise secured from public access so as
not to create an attractive nuisance or to present a hazard to
the public from overturning pending eventual movement to
the destination lot shall not be considered a violation under
section 3410.6.1, so long as the temporary location is
identified at the time of moving permit application, and
further is for a pre -determined, temporary duration not to
exceed 180 days.
(18) Accessibility For Existing Buildings. Section 3411 is hereby
deleted in its' entirety.
(19) Applicability. Section 3412.2 is hereby amended to read as
follows:
3412.2 Applicability. Structures existing prior to April 28, 1938 in
which there is work involving additions, alterations or changes of
occupancy shall be made to comply with the requirements of this
section or the provisions of Sections 3403 through 3409. The
provisions in Sections 3412.2.1 through 3412.2.5 shall apply to
existing occupancies that will continue to be, or are proposed to be,
a
in Groups A, B, E, F, M, R. S and U. These provisions shall not
apply to buildings with occupancies in Group H or I.
(20) Flood hazard areas. Section 3412.2.4.1 is hereby amended to read
as follows:
3412.2.4.1. Flood hazard areas. For existing buildings located in
flood hazard areas established in Article 30.03.008 of the Lubbock
Code of Ordinances, if the alterations and repairs constitute
substantial improvement of the existing building, as defined in
Article 30.01.001, the existing building shall comply with the flood
design requirements in Article 30.03.071.
(21) Accessibility. Section 3412.2.5 is hereby deleted in its' entirety.
(22) Zoning regulations. A new section H101.1 is hereby added to read
as follows:
1-1101.1. Zoning regulations. Chapter 40 (zoning) of the Code of
Ordinances regulates the permissibility, placement, and physical
characteristics of signs upon premises within the city based on
particular zoning district requirements. Any reference to a
particular sign type, size, height, or other physical characteristic
within this Appendix should not therefor be construed as allowing
such if otherwise prohibited or regulated by chapter 40 of the Code
of Ordinances.
(23) Signs exempt from permits. Section H101.2 is hereby amended to
read as follows:
H101.2 Signs exempt from permits. The following signs are
exempt from the requirements to obtain a permit before erection:
1. Temporary signs announcing the sale or rent of property.
2. Signs erected by transportation authorities.
3. The changing of moveable parts of an approved sign that is
designed for such changes, or the repainting or
repositioning of display matter shall not be deemed an
alteration.
4. Other signs as set forth in article 40.04, division 1 of the
Code of Ordinances, or as deemed appropriate by the
building and zoning officials.
27
(24) General (roof signs). Section H110.1 is hereby amended to read as
follows:
Roof signs shall be constructed entirely of metal or other approved
noncombustible material except as provided for in sections
H106.1.1 and H107.1. Provisions shall be made for electric
grounding of metallic parts. Where combustible materials are
permitted in letters or other ornamental features, wiring and tubing
shall be kept free and insulated therefrom. Roof signs shall be so
constructed as to leave a clear space of not less than 6 feet (1829
mm) between the roof level and the lowest part of the sign and
shall have at least 5 feet (1524 mm) clearance between the vertical
supports thereof. Where such clearances cannot be provided,
structural analysis of the roof supporting elements shall be
undertaken by a structural engineer, including the added dead and
wind loading of the sign, and any necessary strengthening
provided. No portion of any roof sign structure shall project
beyond an exterior wall.
SECTION 4. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor
punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of Lubbock,
Texas.
SECTION 5. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be
affected thereby.
SECTION 6. THAT pursuant to Section 214.218 of the Texas Local Government Code, this
Ordinance shall not be implemented or enforced until after the 301h day after the date of final
adoption.
SECTION 7. THAT the City Secretary is hereby authorized to cause publication of the
descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 30thday of May , 2012.
Passed by the City Council on second reading this 7th day of June , 2012.
4GA1BT0VXW0N, MAYOR
28
ATTEST:
Rebec Garza. City Secretary
APPROVED AS TO CONTENT:
Steve O'Neal, Chief Building Official
APPROVED AS TO DORM:
IBC 2009 Ord.lnternational Bldg Code
4.23.12