Loading...
HomeMy WebLinkAboutOrdinance - 3609-1961 - Amending Building Code New Chapter, Chapter 50 Disaster Shelters - 09/28/1961r :wg . ORDINANCE N0. _ _.3Lil6~.~o~O.:r..9-- AN ORDINANCE AMENDING THE BUILDING CODE OF THE CITY OF LUB- BOCK BY THE ADDITION THERETO OF A NEW·. CHAPTER DESIGNATED "CHAPTER 50. DISASTER SHELTERS"; REQUIRING THE ISSUANCE OF A BUILDING PERMIT PRIOR TO THE ERECTION OR CONSTRUCTION OR OTHER ~ SPECIFIED ACTIVITY OF OR ON A DISASTER SHELTER; DEFINING THE TERM "DISASTER SHELTER" AND "DISASTER"; PROVIDING FOR APPLICATIONS FOR SUCH PERMITS AND THE CONTENTS THEREOF AND ATTACHMENTS THERET ; PROVIDING FOR PERMITS TO BE ISSUED UPON APPROVAL, AND PROCEDUR S INCIDENTAL THERETO; ESTABUSHING FEES FOR INSPECTIONS AND EXCEP- TIONS; DIRECTING INSPEC:.TIONS:' BY THE BUILDING INSPECTOR; REQUIRING A BOND FROM ALL CONTRACTORS ENGAGED IN CONSTRUCTING, RE- CONSTRUCTING, INSTALUNG, ENLARGING, ALTERING OR REPAIRING DISASTER SHELTERS, THE CONDITIONS OF SUCH BONDS AND FOR APPROVAiil. AND EXCEPTIONS; PROVIDING GENERAL MINIMUM STANDARDS FOR ALL DISASTER SHELTERS; PROVINING STANDARDS FOR CONSTRUCTION OF DIS- ASTER SHELTERS; DECLARING ACTS IN VIOLATION OF THIS ORDINANCE TO BE UNLAWFUL; PROVIDING EXCEPTIONS TO COMPLIANCE WITH THE STANDARDS FOR CONSTRUCTION; PROVIDING THAT BUILDING CODE PRO- VISIONS TO APPLY AND CONTROL EXCEPT WHERE IN CONFLICT WITH THIS ORDINANCE; DECLARING VIOLATIONS OF THIS ORDINANCE TO BE A MIS- DEMEANOR; PROVIDING A PENALTY; PROVIDING FOR SEVERABIUTY; DIRECTING PUBUCATION; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terrifying spector of atomic w.arfare and its potentially more serious accompanying evil, radioactive fallout, has been raised by the trend of world affairs before the American people; and, WHEREAS, should such war come, then the lives of untold millions of Americans and with them the future of our free form of government, might well rest solely then on the steps taken now to pr.ovide adequate and safe family shelters; and, WHEREAS, at the prompting of all levels of government and by the crisis of world a.flairs itself, tnany Americans including the citizens of the City of Lubbock are planning for the construction of family shelters; and, !j WHEREAS, this sudden interest initiated.: plans and proposals for constructio of storm, fallout and/or bomb shelters which are in some instances more dedicateil. to speedy erection or construction than to safe, lasting construction and engineeri g practices; and, WHEREAS, the City Commission finds that structural unsoundness, and in- sufficient or inadequate construction practices would not only deprive the citizens of Lubbock of the protection they desire in the case of disaster1 but would also raise an immediate hazard to the public health, safety and general interest ; and, WHEREAS, the City Commission finds that the adoption of certain minimum standards and construction specifications and associated procedures to enforce compliance with such requirements are necessary and essential tothe health, safety and welfare of the citizens of the City of Lubbock; and, WHEREAS, the City Commission finds that the passage for this Ordinance is necessary and essential for the immediate presenvation of the property, health and safety of the citizens of the City of Lubbock, which creates an emergency; NOW THEREFORE: <; I l BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Building Code of the City of Lubbock, the same appearing in Volume II of the Code of Ordinances of the City of Lubbock, Texas, BE and the same is hereby amended by the addition thereto of a new chapter to be designated as 11 Chapter 50. Disaster Shelters"~ which shall read hereafter in full as follows, to-wit: "Chapter 50 DISASTER SHELTERS Sec. 5001 General. No person, firm or corporation shall erect or construct or proceed with the erection or construction of any disaster shelter, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any disaster shelter or cause the same to be done, .without first obtain- ing a building permit therefor from the building inspector, except that upon application and authorization of the building inspector a permit may be waived on small and unimpot-tant work. No permit shall be re- quired for normal repair and maintenance. Sec. 5002. Definitions. The term "disaster shelter" as used herein shall be defined as mean- ing any building, structure or improvement, whether prefabricated or constructed on the site, and whether located above or below or partially above or below ground level, which is designed or intended to be used for the purpose of providing protection to the occupants thereof from the effects of blasts, winds, fire, water, heat or radiological fallout resulting from a disaster. The term 11 disaster" as used herein shall be defined as meaning any actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, windstorm, epidemic, riot, tornado, earthquake or other public calamity. Sec. 5003. Applications for permits. Any person, firm or corporation desiring a building permit as required by this Code shall file with the building inspector an application therefor in writing on a blank form to be furnished for that purpose. Every such application for a permit shall describe the land upon which the pro)>osed shelter is to be constructed or installed, either by lot, block andfor tract, or similar general description that will readily identify and definitely locate the proposed building or work. The application shall be submitted in duplicate and the building inspec tor shall cause a copy of all such appli- cations as may be approved to be filed with the Fire Department of the City of Lubbock. Two copies of plans and specifications of the proposed shelter shall accompany every application for a permit. Such plans shall be drawn to scale upon substantial paper or cloth and the essential parts shall be drawn to a scale of not lees than one-eighth inch to one foot. Such plans and specifications shall be of sufficient clarity and detail as to indicate the nature and character of the construction or improvement proposed and to show compliance with the provisions of this chapter. Sec. 5004. Perrrits. The application~ plans and specif-ications filed by an applicant for a per- mit shall be checked by the building inspector and if found to be in conformity with the requirements of this Chapter and all other laws or ordinances thereunto pertaining, the b uilding inspector shall upon receipt of the required permit fee issue a permit therefor. When the building inspec- tor issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "APPROVED". One such approved set of plans and specifications shall be retained by the building inspector as a public record, and one set shall be returned to the applicant, which set shall be kept on such shelter or work at all times during which the work authorized thereby is in prog ress, and shall be open to iaspection by public officials. Such apprvved plans and specifications shall not be changed, modified or altered without authorization from the building inspector, and all work shall be done in accordance with the approved plans. Sec. 5005. Fees. Any person desiring a building permit shall, at the time of filing an application therefor, as provided inSection 5003 of this chapter, pay to the building inspector a fee as required in this Section. Shelters wholly or in substantial part to be constructed on the site, $5. 00. Prefabricated or pre-constructed shelters, requiring only excavation, backfilling and dirt or sand covering, $3. 00. To the extent that electricity, water~ gas or other utility services are permitted by this chapter to be installed in any shelter, separate permits and fees shall be paid for all installatioas or fixtures to be attached to such services in accordance with the law or ordinances pertaining to such ser- vices. The City, county, st<*,or the United States of America shall be exempt from the _payment of any fee herein required. Sec. 5006. Inspections. The building inspector shall inspect or cause to be inspected at such intervals as necessary, the erection, construction, enlarging, altera- tion, repairing, moving or demolition of all such shelters. No rein- forcing steel or structural framework of any part of such shelters shall be covered or concealed in any manner whatsoever without first obtaining the a_pproval of the building inspector. Sec. 5007. Bond for Contractors. Any person, firm or corporation desiring to engage in the business of constructing, re-constructing, installing, enlarging, altering or repairing disaster shelters in the City of Lubbock, shall file with the building in- spector, to be approved by the city attorney or an authorized assistant as to form and condition and such approval has been written on the face of the bond, the same to be immediatelyfffective and the principal deemed to have complied with the bond provisions of this chapter, a surety bond in the sum of Three Thousand Dollars, conditioned on the faithful perfor- mance of all the provisions of this chapter, and all the provisions of the I ' Building Code. ordinances and other regulations of the City of Lub- bock covering construction, such surety to be a company authorized to transact business in the State of Texas. All sureties on any such bond shall be liable for breach thereof to the owner-of the property and any other person actually damaged by such breach not to exceed the face amount of said bond, provided written n<?tice of such damage and probable amount thereof is givef?. to the surety within ten days after the discovery of the damage, and in no event not later than ninety days after the completion or abandonment of the work by such contractor and provided that no permit shall be granted and no work started on the contract until such bond has been filed and approved by the city attorney or an authorized assistant as to form and conditian arid such approval has been written on the face of the bond, the aame shall be immediately effective and the principal deemed to have complied with the bond provisions of this chapter, and provided further that liability on said bond for the full amount .therof shall continue until the surety has given city and the principal written notice of cancellation or of the amount of claims it has been notified of in which event contractor shall not pursue work further until bond for full amount is filed and approved; provided however, that no such notices and/or cancellations shall be effective to discharge the surety's liability for work undertaken by the principal under permits issued prior to the date of such notice and/or cancellation. General contractors doing business in the City who have previously given the general contractors bond required by Sec. 204 of the Building Code, upon presentation of a letter from the s ·urety or its authorized agent on the existing bond that shelter construction will be covered by the existing 'f::>ond, shall be exempt from obtaining the specific disaster shelter bond herein above required. Sec. 5008. General Minimum Standards for Disaster Shelters. The following provisions are hereby established as ininimum standards for all fallout or bomb shelters: 1. Shelters shall not be used for living quarters except during a disaster as hereinabove defined. 2. Sanitary facilities installed Dr placed in below ground shelters shall never be connected to the publis sewers. 3. All doors shall be so designed so as to permit opening from the inside without the use of a key, tool or special knowledge or effort. 4. No light or heat source depleting the oxygen content of air in the shelter shall be installed, placed or used in ~ lhe shelter. 5. All shelters that do not project more than two feet above the surrounding grade level shall be exempt from the znning_pscr.iis.'ians of the City of Lubbock Code. 6. Shelters may .:be constructed to the property line in any area, except no above ground shelter shall be constructed closer to the abutting or adjacent street and/or alley property lines than allowed under the Zoning and set back Ordinances of the City of Lubbock. r 1 7. There shall be two air vents provided for each shelter. One shall be an exhaust vent located near the entrance and extending from near the top of the shelter to a point approximately three (3) feet above the top of the earth cover, 'and one intake vetl.t located away from the shelter entrance and extending from near the floor to a point approximately two (2) feet above the earthern cover. Each of these vents shall be of suc!1..1. size as to provide three (3) square inches area for each one hundred (100) cubic feet of shelter volume. Each vent shall be provided with adequate screening and cover to prevent rain apd/or insects from entering. Sec. 5009. Standards for Construction. The requirements incorporated in the following drawing of a typical disaster shelter as drawn and as projected to cover shelters of different sizes or shapes from the sizes shown, are hereby established as the minimum standards for coastruction of all disaster shelters hereafter to be constructed within the limits of the City. SECTION B·B 4C;IL.£: 1/~*s/'-4"' NOTE$: · ... ;:r ·.~ ·-~ . I'£ NT /. Naf!'IZONnlt. ..INb PeJ/'7'1&"..1.1. R.£M1,4A"~IMS ""'" "'" .SNit. "T.FI.S .r4 &F """.,-({//1 14f?N, PRdV/PI tNJ" .1./ddKS 1'-.t* ~ON~ JT £.4&"'.1/ .I?N.? 4,1:' T#E' N411'/Ztt:IN1"A./. 4UIS. 2'. P.t.IICE .1./4./i'/ZONT.At. 8AR5 IN CEA/TE.e dF N.AU.::J, 8. /' 1/N/T'::SIDF .QI&"E OF W.A<f../.::1 .AlE NOT Ftt:>INI.D:I' U.!SE ..9"' W'A./..uJI. ~. PO Nt:JT 'INI$.11 ()VT.SIPE 8"" "' Fi,D().I;! .Si.-46. 4. PIWIV/011' I' ~.KTIA M ~ 6.-11$ iff ,/:/. .fONt:; IN .1/!t:k>,l:' .AT &"'~NI'.e' dF .1./.-tiTCNW.t/Y OPFN/Nt;. 6.COPEA' .li!t:110.&' IYI'TN 2 .t..I'YEJ!!$ 11.&' ~IN($ ,t".F<f.T. 7. J):' $T.IIIWAY BNTI.t/1'/C'G /:S U:SFO., IV.-1/.I.:J d,l:' 5'T.A/.tl'W41.1. .SN.-tli./. 86 /PENTI<:".Ii. Ttl:~ ..5NI.I.TEK W.l.t.I..::J. II. PROVI.DF 4"¥7'1.1 6.-t/15 /A/ TOP dF .li!</lre?;t:" st:A8 .?P.tf!"l P.-t/RTIT/tf7N Jll'..tU. Ill_,~ ~ .I#'T. .tONli ..tT .SAN£ .:I.I"At:"/1'14$ AI:S IJ.41.S 6. 9.. CONC'R~'TF TO 8£ .5 .siCk$ .(),~:" C'£MENT P.F.I CU4/C' YAitl:'. '-....../ IIJ .FX'JI.AV.ST ..4ND /HUk£ .4/.R P£1'/T..S .SI/.,/i-1. N ~Y/P£0 ~S .SPEC/FIFO ,//FREIN. all prefabricated metal shelters shall be approved for local installa- tion only if such shelters have been approved by a registered professional engineer of the State of Texas, or by the Office of Civil and Defense Mobilization, or approved by the Federal Housing Administration. Sec .. 5010. Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, ,use or occupy or maintain any disaster shelter, or cause 'br permit the same to be done, without fully complying with the provisions of this Chapter and other Ordinances of the City. Sec. 50ll. Exceptions. Shelters to be constructed from plans and specifications prepared or approved by a registered professional architect or engineer$ or which have been approved by the Office of Civil and Defense Mobilization, Battle Creek, Michigan, or which have been approved by tae Federal Housing Administration for a Title I, F. H. A. loan, shall be exempt from the provisions of Section 5009 hereinabove. 11 SECTION 2. THE Requirements of this Ordinance shall be construed in all situations as a part of the l:milding code of the City of Lub~ock, and all applicable provisio:r,ts of said bu:iHing code shall apply to the construction and requirements and procedures directly relating or incidental to disaster shelters, except that the express provisions of this Ordinance shall control wl:tere in conflict with the general requirements of the building code. SECTION 3. THAT any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined in any sum not more than Two Hundred {$200. 00) Dollars. SECTION 4. If any word, phrase .. clause, sentence, paragraph, or exception or any number thereof, or any provision of this Ordinance is judicially construed to be invalid or unconstitutional for any reason, such judicial decision shall not affect the remainder of this Ordinance. SECTION 5. The City Secretary is hereby authorized and directed to cause the publication of the caption of tlis Ordinance and the penalty clause (being Sectio 3, above) in a newspaper regularly published in the City of Lubbock once a week for two consecutive weeks as an alternative method of publication as provided by •law. SECTION 6. The rule requiring an Ordinance to be read on two readings befo .e final passage is hereby suspended, and this Ordinance is declared to be an emergency measure for the reasons set forth in the preamble hereof, to take effec ten (10) days after its passage. AND IT IS SO ORDERED Unanimously passed by the City Commission this 28th day of September ' 19.61 dw:r;Le=--DAVID C. CASEY, Mayor Fo.-rtl Appro £t6f: City Attorney {'