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Home My WebLink AboutOrdinance - 2023-O0136 - Amend Article 2.03, Division 13, Model Cods & Construction Advisory Board - 10/24/2023First Reading October 10, 2023 Item No. 5.21 ORDINANCE NO. 2023-00136 AN ORDINANCE AMENDING ARTICLE 2.03, DIVISION ORDINANCES OF THE CITY OF LUBBOCK, TEXAS Second Reading October 24, 2023 Item No. 5.19 13 OF THE CODE OF WITH REGARD TO AMENDING THE QUALIFICATIONS OF THE MODEL CODES AND CONSTRUCTION ADVISORY BOARD MEMBERS; AMENDING THE CONDUCT OF MEETINGS OF SAID BOARD; AMENDING THE SCOPE OF DUTIES OF SAID BOARD; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the citizens of the City of Lubbock to protect their health, safety, and welfare to make the following amendments to Article 2.03, Division 13 of the Code of Ordinances of the City with regard to amending the qualifications of the model codes and construction advisory board members; amending the conduct of ineetings of said board; amending the scope of duties of said board; and WHEREAS, the City Council hereby exercises its authority under Article 1 l, Section 5, of the Texas Constitution as a home rule city to enact regulations not inconsistent with the general laws of the State of Texas in the interest of the health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2.03.453 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: §2.03.453 Members; qualifications; tenure. (a) The board shall be composed of thirteen (13) members, including twelve (12) standing members who shall be appointed by the city council, and one (1) "technical alternate" position to be selected by the board (depending on the subject matter of the proposed amendment or code) from a list of various technical experts recommended by city staff and approved by the board. (b) Members of the board shall include: (1) �2) (3) (4) An active builder of single-and/or two-family housing with builder membership in the West Texas Home Builders Association; A Texas-licensed architect in the City of Lubbock; A commercial general contractor active in the City of Lubbock; A current building facilities manager for a major institutional or educational facility within the jurisdiction of the City of Lubbock (example: University Medical Center, Covenant Health Systems, school district, or facilities of similar use and magnitude); (5) An owner or management company representative of multifamily housing with membership in the Lubbock Apartment Association; (6) A citizen of the City of Lubbock; (7) Two (2) Texas-licensed engineers in the City of Lubbock, with preference given to a structural engineer; (8) A Texas-licensed HVAC contractor in the City of Lubbock; (9) A Texas-licensed electrician in the City of Lubbock; (10) A Texas-licensed plumber in the City of Lubbock; (11) A developer in the City of Lubbock; and (12) A technical alternate, who shall be a working representative of the trade or profession directly affected by the particular area of the code provisions under consideration at the time, with preference given to individuals representing the requisite local trade or professional organization/association. (c) In order to ensure appropriate representation of the broadest possible cross- section of the community, every attempt will be made to limit dual representation of any organization, business entity, trade group, or profession among the board members, except as specifically set forth in the member qualifications. Areas of technical expertise for the technical alternate position include, but are not necessarily limited to, life safety, fire protection, plumbing, electrical, mechanical, structural, and general building (nonstructural). Where appropriate, depending upon the code provision(s) under consideration, the technical alternate shall be drawn from the one-and two-family construction sector or the commercial construction sector. (d) Initially, four members shall be appointed to two-year terms, four members shall be appointed to three-year terms, and four members shall be appointed to four- year terms. Future appointments shall be for a term of three (3) years or the remainder of an unexpired term. All members appointed shall be resident citizens of Lubbock or representatives of the City of Lubbock business community at the time of their appointment and during their term of office. (e) Subsequent to the appointment of the frst standing members, the board shall elect from their membership a chairperson and vice-chairperson. The chief building official and the fire marshal, or their designees, shall serve in an advisory capacity as ex-officio members of the board. _z_ SECTION 2. THAT Section 2.03.454(a) of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: §2.03.454 Conduct of ineetings; quorum. (a) Board meetings will be held as necessary when presented with a staff or board proposal to adopt or amend one or more model codes. A simple majority shall constitute a quorum. The board will make every effort to invite testimony from all affected parties and technical experts before voting to recommend adoptions or amendments to the codes. SECTION 3. THAT Section 2.03.455 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: §2.03.455 Scope of duties; responsibilities. (a) The board is charged with the responsibility to review the technical provisions of the national model construction codes periodically proposed by city staff for adoption or amendment, and to forward its recommendations to the city council for final consideration and action. (b) In performing its duties, the board shall solicit and give due regard to the input of affected parties, including those not associated with the construction industry, subject-matter experts, and particularly city staff charged with the administration of the regulations under consideration. The board shall also solicit input and assistance through available trade organizations and professional associations representing the technical areas governed by the model code requirements under consideration. (c) Where not otherwise prohibited by law, the board may consider local amendments to the national model codes, whether proposed by city staff or other parties. In considering any such amendments, the board shall use the national model codes as a baseline, and shall exercise appropriate due diligence, as well as compliance with any federal or state mandate to adopt or maintain a certain code. In deliberating the appropriateness of local amendments, due regard shall be given to the potential effect on the public health and safety, the continued maintenance and long-term viability of the city's building stock, the impact on economic development and housing affordability, the maintenance of parity and equity with other jurisdictions, and the potential effects on insurance ratings. (d) Local amendments that may be construed as reducing safety levels below that established by the unamended model codes, as determined by appropriate city staff, shall be accompanied by the board's comments when forwarded to the city council for final consideration. The city official charged with the administration -3- of the amended provision may prepare a full report and recommendation to the city council. 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 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 on October 10, 2023 Passed by the City Council on second reading on October 24, 2023 ATTEST: Courtney Paz, City etary APPROVED AS TO CONTENT: Robert Wallace, Director of Development Services APPROVED AS TO FORM: w A ' s, eputy City orney -4-