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HomeMy WebLinkAboutOrdinance - 10031-1997 UBC - Amending Article 1 & II Chapter 6 Uniform Building Code - 11/13/1997First Reading Item 1127 November 13. 1997 Second Reading Item //21 December 11. 1997 ORDINANCE NO. 10031 AN ORDINANCE AMENDrNG ARTICLE I AND II OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTrNG THE 1997 EDITION OF THE UNIFORM BUILDING CODE AND PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET LOCAL CONDITIONS; PROVIDrNG A PENALTY; PROVIDING A SAVrNGS CLAUSE; AND PROVIDING FOR PUBLICATION. 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 adopting the 1997 Edition of the Uniform Building Code for Lubbock with certain amendments to meet local conditions; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 6-2 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-2. Sarne --Boundary line corner stakes~ minimum floor elevation. The property owner or building contractor shall be responsible for boundary line comer stakes being in place at the time of 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 comer 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. SECTION 2. THAT Section 6-12 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-12. Compliance Bond. Any person, firm or corporation desiring to engage in the business of general contracting in the City of Lubbock, Texas, shall file with the building official a good and sufficient compliance bond in the amount of ten thousand dollars ($10,000.00) issued by a surety company authorized to do business in the State of Texas and 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 perfonned, 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. SECTION 3. THAT Section 6-16 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: The 1997 Edition of the Uniform Building Code published by the International Conference of Building Officials, as hereinafter amended is hereby adopted as the building code of the City of Lubbock, Texas, with the following additions and deletions: (1) Delete Chapter 11; and (2) Add Appendix Chapters Al5 and A3 l l through A3115, inclusive, but amending Appendix Section Al516.3, Subsection 1, to permit not more than one (1) overlay of asphalt shingles by amending said subsection to read as follows: 1. Asphalt shingles. Not more than one overlay of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. Asphalt shingles applied over wood shingles shall not have less than Type 30 nonperforated felt underlayment install prior to reroofing. A copy of said building code is attached hereto and incorporated herein as though set out herein in detail. References to the Uniform Building Code in this Chapter shall mean the 1997 Edition. One copy of the 1997 Uniform Building Code shall be filed with the city secretary and a copy shall be maintained in the office of City building official All such copies, with the amendments thereto, shall be open to public inspection during the usual hours of business of the offices where they are maintained. SECTION 4. THAT Section 6-13 shall be deleted from the Code of Ordinances and the section reserved for future use. SECTION 5. THAT Section 6-17 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-17. Building contractor registration. No building permit shall be issued to any building contractor or person for work to be performed pursuant to a building permit unless such building contractor or person is registered with the building official of the city in accordance with the following prov1s10ns: 2 registered with the building official of the city in accordance with the following provisions: (a) Registration as a building contractor shall be made upon forms provided by the building official of the city and all information requested shall be submitted by the applicant. (b) Registrations shall expire December 31 of each year and must be renewed annually in order to acquire building permits or continued work on currently issued building fermits. (c) Failure to keep proper insurance or a valid bond in force will result in termination of registration and invalidate any active building permits issued to the building contractor or person. Should such insurance policy or bond expire, all fees, including all permit fees, must be paid again upon renewal of registration. ( d) Registration may be revoked or rejected by the building official for the following reasons: (1) bonds; (2) (3) (4) Failure to obtain and keep in effect all required insurance of Failure to fully complete the registration form; Failure to pay any required fees; Refusal to correct any code violation after notice; or (5) Continuous or repeated violations of the Code of Ordinances of the City of Lubbock. (e) No registration shall be required for a building permit to be issued to a home owner who occupies the property as his permanent residence. (f) The annual registration fee shall be fifty dollars ($50.00) and said fee may be adjusted periodically in accordance with Section 1-10 of the Code of Ordinances. SECTION 6. THAT Section 6-18 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-18. Section 102. Unsafe buildings or structures. Section 102 of Chapter 1 of the Uniform Building Code is hereby amended to read as follows: 3 All buildings or structures which are structurally unsafe 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 constitutes a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment, as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 13 of this Code, the City of Lubbock Structural Standards Code, or by any other procedures provided by law. SECTION 7. THAT Section 6-19 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-19. Section 105. Board of appeals. Section 105 of Chapter 1 of the Uniform Building Code is hereby amended to read as follows: 105.1 Establishment and membership. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this code, there is hereby created a board of appeals, consisting of eleven (11) members who are qualified by experience and training to pass upon matters pertaining to building construction. The membership of the board of appeals shall include one (1) representative from each of the following areas of expertise: (1) a member of the Lubbock Home Builders Association; (2) an active architect; (3) an active structural engineer; ( 4) an active commercial building contractor; (5) an active residential building contractor; (6) an active realtor; (7) a Lubbock citizen who is not involved in the construction industry; (8) an active master plumber; (9) an active journeyman plumber; 4 I I i ( I 0) an active mechanical engineer; and ( 11) an active mechanical contractor with a Class A license. The building official shall be an ex officio member and shall act as secretary of the board. The board of appeals shall be appointed by the governing body of the city and shall hold office for a term of two (2) years and until their successors are qualified. The presently constituted members shall continue in their offices for their regular terms. 105.2. Scope. The board shall adopt reasonable rules and regulations for the conduct of its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and the board may recommend new legislation to the City Council consistent with its findings. 105.3. Jurisdiction. The board of appeals shall have the authority and is vested with the jurisdiction to hear and determine requests for substitution of alternate systems from those provided in the building code and the National Fire Code, as adopted by the City in Article III of Chapter 11 of the Code of Ordinances. 105.4. Hearings. Application for hearings shall be made as follows: ( 1) The owner of an existing building which does not constitute a public nuisance as declared in Section 102 of the building code, but may otherwise constitute a danger to human life if permitted to be occupied or used, unless altered, changed, converted or repaired in conformance with the building code, fire code or other pertinent governing ordinances of the city, shall in cases when compliance with such codes presents a practical difficulty or unnecessary hardship, make written application to the building board of appeals on forms to be furnished by the building official for a recommendation as herein provided or substitution of an alternate system to that required by the various pertinent codes and ordinances. (2) Each applicant shall, upon making such application, submit to the board of appeals sufficient technical data to demonstrate that the proposed new method or device is equivalent in quality, strength, fire resistance, effectiveness and safety to that prescribed by the governing code or ordinances. 105.5 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall be board be empowered to waive requirements of this code. SECTION 8. THAT Section 6-20 shall be deleted from the Code of Ordinances of the City of Lubbock, Texas. and said number shall be reserved for future use. 5 SECTION 9. THAT Section 6-21 of the Code of Ordinances of the City of Lubbock, Texas, shall be amended to read as follows: Sec. 6-21. Section 106. Permits. (a) Subsection 106.1 of Chapter 1 of the Uniform Building Code shall be amended by adding thereto the following sentence: Upon application and authorization of the building official, a building permit may be waived for small and unimportant work. No permit will be required for normal repair and maintenance of any building. (b) Section 106 of Chapter 1 of the Uniform Building Code shall be amended by adding thereto a new Subsection 106.2.1, which shall read as follows: I 06.2.1. Transferring of permits. (a) The building official shall issue only one (I) permit per job site for the same or identical work with the following exceptions: (1) Where the current permitee has failed to complete the work and such fact is communicated to the building official by the general contractor, builder or owner; (2) Where the building official is notified in writing by the current permitee that his contract for the work is no longer in effect; or (3) Where the building official has been notified in writing by the general contractor, builder or owner that the current permitee originally permitted to do the work at the job site has been replaced with a new contractor; or (b) In every case where the building official determines that a new permit will be issued, the person requiring such permit shall pay the full fee therefor and no refund shall ever be made on the original permit issued. (c) The building official is authorized to require any other type of evidence from the general contractor, builder, owner or permitee which he deems necessary to determine whether to issue a new permit. ( d) The issuance of a new permit under this section shall release the first permitted contractor or builder from any responsibility for compliance with this code for work completed by said contractor or builder and the newly permitted contractor or builder shall become responsible for compliance with the building code for the entire job, including work done by the prior contractor or builder. 6 (e) The building official shall require the owner, general contractor or other interested person to execute and indemnity agreement agreeing to save hannless and defending the city and building official from any and all liability which may be alleged as a result of the issuance of a new permit under this section and to require said agreement to be secured by bonds and insurance deemed appropriate unless a release is signed by all parties. (f) This section shall apply to all types of permits issued by the building official. SECTION 10. THAT Section 6-22.l of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-22.1. Sec. 106.4.1. Permit issuance. Section 106.4 .1 of Chapter 1 of the Uniform Building Code is amended by adding thereto a new paragraph which shall read as follows: Any building pennit issued by the City of Lubbock Building Inspection Department shall expire by limitations and become null and void as per this section or shall expire if the permitee has not had any contact with the building inspection department in the form of inspections or requests for extension of the permit within one hundred eighty (I 80) days. The permit may be reinstated after payment of one-half of the original permit fee. A permit may be extended if requested in writing to the building official. Buildings for which a permit has been issued or buildings which have been abandoned and no permit extension has been requested or granted and the work is not completed shall be deemed a nuisance in accordance with Chapter 13 of the Code of Ordinances of the City of Lubbock. No permit shall be extended more than once. SECTION 11. THAT Section 6-22.2 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: A new Section 106.5 is hereby added to Chapter 1 of the Uniform Building Code, which shall read as follows: 106.5. Unlicensed work. (a) It shall be unlawful for a general contractor, subcontractor, owner or builder to allow or permit electrical, plumbing or mechanical work to be done, at any job site permitted by him, by unlicensed person or persons that do not have the proper licenses to do such work, where a licensed person is required for the specific work done by any ordinance of this city or state law. (b) If the building official or his designated representative determines that a general contractor, subcontractor, owner or builder is unlawfully allowing unlicensed 7 persons or persons that do not have the proper licenses to do electrical, plumbing or mechanical work on a job site, then the building official may terminate the structural building permit and/or the electrical, plumbing and/or mechanical permits for that job site. (c) Notice of such permit termination shall be given by issuance of a red tag stating the reason for the termination, specifying the permits are hereby terminated, and ordering work under the terminated permits to cease immediately. (d) Any general contractor, subcontractor, owner or builder who has had a permit so terminated may immediately make a request for a hearing concerning such termination before the building official. (e) If the building official upholds the termination in said hearing, such decision may be appealed to the building board of appeals as follows: (I) Written notice of the appeal must be made to the board within five (5) days of the date on which the building official rendered his hearing decision. (2) The board will hear the appeal at their next regularly scheduled meeting, provided that notice of an appeal is received by the building official prior to the last day for posting of the board's agenda. (3) During the pendency of the appeal, work may continue under the terminated permit if a refundable deposit has been left with the city, in the amoW1t of the pending applicable permit renewal fee (set out in subsection (f) below). ( 4) The hearing before the board shall be conducted in accordance with the procedure set out in section 2-169 of the Code of Ordinances of the City of Lubbock, Texas. (5) The burden of proof shall be on the person appealing to show that the permit should not have been tenninated and a renewal fee should not be paid. (6) The decision of the board on any appeal taken under this section shall be final and binding. (f) A terminated permit may be renewed as follows: (1) Prior to renewal, the contractor, owner or builder shall submit a statement to the building official stating who the new subcontractor or workers will be, together with a signed contract from the B new subcontractor. The building official may renew the permit for a minimum fee of one hundred dollars ($100.00) or the original fee of the permit, whichever is greater. The refundable deposit as required above, shall be applied in payment of such fee. The new subcontractors shall renew their permits in the same manner, upon payment of a one hundred dollars ($100.00) minimum fee or the original fee, whichever is greater. (2) The building official may require and shall receive, prior to issuance of any renewal permit, proof of contractor's or subcontractor's licenses and/or signed contract or bid proposals to substantiate the qualification of persons performing any construction, plumbing, electrical or mechanical work within the City of Lubbock. SECTION 12. THAT Section 6-23 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-23. Sec. 107. Fees. Subsections 107.2 and 107.3 of Chapter 1 of the Uniform Building Code are hereby amended to read as follows: 107 .2. Bu if ding permit fees. (a) Every application for a building permit shall be accompanied by the payment therefor, in accordance with the building permit fee schedule as adopted by City Council and periodically adjusted pursuant to Ordinance No. 8248. A list of fees shall be filed with the city secretary and with the building official. (b) Remodeling permit fees. Remodeling permit fees for electrical, plumbing. and mechanical shall be based on a per thousand dollar valuation of the estimated construction cost, or per fixture unit, whichever is greater. Complete renovation of the electrical, plumbing, or mechanical systems in any building shall require the permit cost to be estimated as for new construction. The fee schedule shall be as adopted by City Council and periodically adjusted pursuant to Ordinance No. 8248. (c) 'Where work for which a permit is required by this code is started or continued without obtaining said permit, the fees specified herein shall be doubled. If additional work at other sites has commenced or continued without a permit by the same contractor, company or builder, the fees specified herein shall be tripled for the second violation and quadrupled for the third violation and any other additional violations thereafter plus the red tag fee. This schedule shall not apply to re-roofing, house moving and structural demolition, where the minimum fee shall be one hundred dollars ($100.00) or double the required permit fee, whichever is greater. The payment of such increased fees shall not relieve any person(s) from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. 9 (d) No governmental entity shall be exempt from payment of building permit fees unless specifically exempted by state or federal law. (e) Exception: No fee shall be required from a governmental entity when the work is being performed by maintenance personnel employed full-time by the governmental entity on buildings owned by the governmental entity. Subsection 107.3 of Chapter 1 of the Uniform Building Code is amended to read as follows: I 07. 3. Plan review fees for commercial per mi ts. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of acquiring the permit. The plan review fees are separate fees from the permit fees specified herein and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 304(b), and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the Rate shown in Table 1-A. Subsection 107.6 of the Uniform Building Code is hereby deleted in its entirety and shall be of no force and effect whatsoever. SECTION 13. THAT Section 6-24 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-24. Sec. 108 Inspections. Section 108.3 of Chapter l of the Unifonn Building Code is hereby amended to read as follows: I 08.3 Building permit. The building permit shall be maintained at the building inspection department of the City of Lubbock. A notification of pass or fail regarding inspection shall be left by the inspector at the job site. This notification shall be posted in a conspicuous place on the premises and shall be maintained by the permit holder until final approval has been granted by the building official. The construction site shall be clearly identified with the appropriately assigned address as it pertains to the issued building permit for easy identification of the job site. 10 Section 108.3 of Chapter 1 of the Uniform Building Code is hereby amended by deleting the first paragraph. Subsection 108.5.5 of Chapter 1 of the Uniform Building Code is hereby amended to read as follows: 108.5.5 Fireplace inspection To be made after the roof is framed, before the chimney is topped out, and before the drywall is applied around fireplace. Subsection 108.5.6 of Chapter 1 of the Uniform Building Code is hereby amended to read as follows: 108.5.6 Final inspection. To be made after building is completed and ready for occupancy and all final utility inspections have been made and utilities approved. After such inspection is satisfactory, a certificate of occupancy will be issued for occupancies where such is required by this code. A new Section 108.9 is hereby added to Chapter 1 of the Uniform Building Code, which shall read as follows: 108.9 Clearance before utility service. No permanent water, electrical or gas utility connection shall be made to any new building or structure and/or have an addition or alteration made thereto, without first obtaining written approval from the building official that a final inspection has been made on such building or structure and approval has been granted. Temporary utilities may be granted during construction. It shall be unlawful for temporary utilities to be used for occupied buildings except as provided in section 109.4 of this chapter. The building official may. upon five (5) days written notice, inclusive of an opportunity for hearing before the building board of appeals, order termination of utilities to wholly occupied or partially occupied buildings which have not complied with this section. SECTION 14. THAT Section 6.24.1 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-24. l. Sec. 109. Certificate of occupancy. Section 109 of Chapter 1 of the Uniform Building Code is hereby amended by adding three paragraphs to read as follows: 109. 7 Any building occupied prior to final inspections and connected to temporary utilities shall have the utilities terminated within ten (10) days after written notification of violation. Before utilities are reconnected, the contractor or owner of ll record shall renew the building permit at a cost of not less than one hundred dollars ($100.00), and apply for a final inspection of the utilities and structure. 109.8 Any building which has been erected, repaired or remodeled and has been occupied prior to any permits being issued or inspection being made shall be vacated and utilities terminated upon request of the building official until compliance with all codes and ordinances has been established. 109.9 Inspections for certificate of occupancy shall be required prior to issuance whenever: 1. TI1ere is a change in occupancy class, or 2. When a building has not been inspected throughout within the previous twenty-four (24) months. A fee for inspections for certificate of occupancy and a fee for the certificate shall be submitted to the building inspection department prior to inspection. The fee for inspection of single buildings shall be one hundred dollars ($100.00) plus thirty dollars ($30.00) for the certificate. On projects of multiple buildings, the fees shall be one hundred dollars ($100.00) for the first building inspected and $30.00 for the first certificate; additional buildings shall be fifteen dollars ($15.00) each and ten dollars ($ 10.00) for each additional certificate. Said fees may be adjusted annually pursuant to section 1-10 of the Code of Ordinances. SECTION 15. THAT Section 6-25 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-25. Table No. 1-A. Building permit fees. Chapter 1 of the Uniform Building Code is amended by deleting Table No. 1-A. Building Permit Fees. SECTION 16. THAT Section 6-26 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-26. Sec. 110. Liability insurance requirement. A new Section 110 is hereby added to Chapter 1 of the Uniform Building Code, which shall read as follows: 110 .1 Any person or persons, firm, corporation or association seeking to acquire any permit required under this chapter shall have in forc.e the following msurance: 12 One hundred thousand dollars ($100,000.00) comprehensive general liability insurance, per occurrence, including coverage for bodily injury and property damage with products liability and completed operations coverage. 110.2 Prior to issuance of any such permit, such applicant shall furnish the building official with a certificate of insurance evidencing the required insurance coverage. 110.3 The insurance coverage shall include a provision that in the event such coverage is canceled or reduced, the insurance carrier shall notify the building official at least ten ( 10) days prior to such cancellation or reduction in coverage. An applicant's permit shall be automatically suspended during any period in which the applicant fails to maintain in effect the required insurance coverage or bond, if a bond is substituted as provided by Sec. 6-12 of this Chapter. 110.4 This provision shall not apply to the following: 1. A home owner seeking a permit to personally work on rental-residential homes owned by him. 2. A building owner seeking to do structural work personally on a building owned and occupied by him as his business. 110.5 Liability insurance or a bond in lieu thereof shall be required for a homeowner or property owner seeking a permit to build a new residential structure to be used as a residence by the person requesting the permit. 110.6 Prior to issuance of any type of permit required under this chapter, the building official shall require that homeowners show proof of ownership and/or residency. Documents of proof may include but are not limited to the following: current drivers license, property deeds, tax statements, or utility statements. SECTION 17. THAT Section 6-27 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-2 7. 111. Building to be moved. A new Section 111 is hereby added to Chapter l of the Uniform Building Code, which shall read as follows: 111.1 Permit required and fees. No person or persons shall hereafter move any building within the limits of the city, where the same shall be moved in, through or upon the streets, alleys, avenues or public grounds, unless said person 13 shall before said house or building is moved secure a permit to do so from the building official. The mover shall pay for said permit. The permit fee shall be paid in accordance with the building permit fee schedule as adopted by the City Council and periodically adjusted pursuant to Ordinance No. 8248. A list of the fees shall be filed with the city secretary and with the building official. No permit will be required of contractors for moving tool or storage houses, but same shall be removed from building site upon completion of contract. For fees on work commenced prior to obtaining permit, refer to section I 07.2. The building official may refuse to issue a removal permit in a case where such work will necessitate the removal or cutting of any wires belonging to a public utility company, or to the city, until such time as the party making application for such permit shall have made satisfactory arrangements with the party or parties owning or controlling such wires, either by written agreement or by deposition with said company a sufficient amount of money to cover the cost of such work, that is, cutting and replacing the wires so removed or cut, to the satisfaction of the parties owning or controlling same. 111 .2 Site maintenance The mover shall perform the following acts at the location the building is to be moved from and shall perform them during removal operation or immediate! y thereafter: 1. Disconnect and plug all utilities, electricity, water, gas and sewer. 2. Provide prcper and adequate safeguards to the public, employees and adjoining property during removal and while lot is being cleared. 3. Fill all excavations with clear fill dirt (no rubble or trash to be used). 4. Restore lot after removal to establish grades to provide proper drainage. 5. Clear the lot of all trash. rubbish, dead shrubbery and tree limbs, etc. 111.3 Moving on public way. No building or portion thereof shall be moved from one site to another or along any public way within the city if such moving would require the removal or moving of a traffic signal mast arm. (Buildings which exceed the height of seventeen ( 17) feet when mounted on trucks, trailers or dollies will ordinarily require the removal of traffic signal mast anns). 1 4 ( d) Minimum standards. 1. A building to be moved to a new location within the city limits of the city must meet the minimum code standards for the type of structure. Procedures for assuring compliance with minimum code standards are: a. A structural inspection will be made by the building official to determine the specific repairs or additional structural requirements. The owner or contractor will be apprised of the work that must be accomplished. b. A permit for repairs and alterations may be issued upon application and prior to issuance of a moving permit to an insured contractor. c. No reference to sidewalks or setbacks made by the building code shall be construed as contravening the requirements of the Code of Ordinances. d. Plumbing and electrical systems will be brought up to minimum code' standards by the same procedures as for the building structure. 2. Provisions in the code pertaining to fire resistiveness requirements will be strictly observed in the issuance of moving permits. 3. Buildings to be moved into the city limits of the City of Lubbock must be inspected in the same manner as in paragraph I.a above. An investigative inspection fee shall be paid in addition to a mileage fee as required by ordinance. 4. Any structure to be moved to a new location within or into the city limits of the City of Lubbock shall be in keeping with the average value, construction, and appearance of the existing development within the area before said structure is moved. No permit will be issued if it is determined that this subsection is violated. An aggrieved party may appeal such decision to the zoning board of adjustment of the City of Lubbock. 5. Upon completion of the move, said structure shall be made to be in compliance with all relative sections of all city codes within ninety (90) days. Failure to do so shall be a violation of the code resulting in the structure being classed as substandard and shall be forwarded to the substandard housing commission for their recommendation which may include removal or demolition of said structure. 15 6. No building of type V construction that is more than ten (10) years old shall be moved into the city limits of the City of Lubbock unless a licensed engineer certifies that the building is: a. Structurally sound; b. In compliance with the city building codes; and c. Compatible with the structures in the new location. 111.5 Temporary structmes. Temporary structures shall be limited in time to not more than six (6) months, with a six-month extension upon written request, if approved by the building official and the code enforcement administrator. At the end of six (6) months, if no extension is requested, the structure shall be removed or demolished with proper permits. The structure shall be removed upon termination of a twelve-month period when an extension has been granted. For purposes of this Chapter, a temporary structure is defined as: 1. a building or structure used in conjunction with a construction project and used for the storage of building materials; 2. a building or structure used for any purpose that does not exceed a period of thirty (30) days, or is allowed under Section 111.5 of the International Building Code. Note: Any building used for the transaction of business or used as a business shall not be classified as a temporary building and shall meet all local requirements for a permanent structure. SECTION 18. THAT Section 6-28 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-28. Sec. 112. Buildings to be demolished. A new Section 112 is hereby added to Chapter 1 of the Uniform Building Code, which shall read as follows: 112.1 Permit required. No person or persons shall hereafter demolish any building within the limits of the City of Lubbock, Texas, unless said person shall, before demolition, secure a permit to do so from the building official. 112.2 Permit fees. The permit to demolish shall be paid for by the insured contractor or person performing such work in accordance with the building permit fee schedule as adopted by the City Council and periodically adjusted pursuant to Ordinance No. 8248. A list of the fees shall be filed with the city secretary and 16 with the building official. For work commenced prior to obtaining a permit the fee shall be as per section 107 .2. 112.3 Site maintenance. The demolition contractor or person performing such work shall take the following actions at the location where the building is to be demolished: 1. Provide protection of pedestrians during demolition as required by Chapter 3303 of the building code. 2. Disconnect and unplug all utilities, electricity, water, gas and sewer. 3. Provide proper and adequate safeguards to the public, employees and adjoining property during demolition and while lot is being cleared. 4. Fill all excavations with clear fill dirt (no rubble or trash to be used). 5. Res:ore lot after demolition to establish grades to provide proper drainage. 6. Clear the lot of all trash, rubbish, dead shrubbery, tree limbs, etc. SECTION 19. THAT Section 6-29 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-29. Sec. 207, 217. Definitions. Section 207 of Chapter 2 of the Uniform Building Code is hereby amended by amending the definition of "Fire Code" to read as follows: Fire code. is the fue code adopted by the City of Lubbock in Chapter 11 of the Code of Ordinances. Section 217 --P of Chapter 2 of the Uniform Building Code is hereby amended by adding a definition to read as follows: Public building is any structure not classified as a single-family strncture or dwelling used in whole or in part as a place of resort, assemblage, lodgings, trade, traffic, occupancy or use by the public. 17 SECTION 20. THAT Section 6-30.2 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-30.2. 1103.1.1. Accessibility to toilets and other features. Section 1103.1.1 of Chapter 11 of the Uniform Building Code is hereby amended by adding the following language thereto: Sanitation facilities shall meet the accessibility standards set out in Sections 4.16-4.26 of the Accessibility Guidelines for Buildings and Facilities under the Americans with Disabilities Act of 1990, as amended. Identification and dimension requirements for designated parking spaces for persons with disabilities shall be as provided in section 16-249 of the Code of Ordinances of the City of Lubbock. SECTION 21. THAT Section 6-31 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-31. Table 3-B. Required separation in buildings of mixed occupancy (in hours). Table 3-B, of Chapter 3 of the Uniform Building Code is amended as follows: Separation: R-3 to U-1 shall be changed from 1 to O (zero); see section 302.4, exception 3. SECTION 22. THAT Section 6-32 of the Code of Ordinances of the City of Lubbock. Texas, is hereby repealed and the number reserved for future use. SECTION 23. THAT Section 6-33 of the Code of Ordinances of the City ofLubbock, Texas, is amended to read as follows: Sec. 6-33. Sec. 310.4 Exit and emergency escape faci lities. Section 310.4 of Chapter 3 of the Uniform Building Code is amended by deleting from the third paragraph the words "basements in dwelling units and" therefrom. Section 310.4 of Chapter 3 of the Uniform Building Code is further amended by replacing the fourth and fifth paragraphs with the following language: 18 Exception. AH escape or rescue windows from sleeping rooms in one or two-story single family residences only shall be classified into windows which have sashes that slide in a frame or sashes that hinge or pivot in the frame. All windows which slide in the: frame shall have a net clear opening of three and eight-tenths (3.8) square feet, with minimum clear opening dimensions of twenty (20) inches of either height or width. All windows which pivot in the frame shall have a net clear opening of four and eight-tenths ( 4. 8) square feet, with a minimum clear opening dimension of sixteen (16) inches. Where windows are provided as a means of escape or rescue they shall have a finished sill height of not more than forty-four (44) inches above the finished floor. SECTION 24. THAT Section 6-34 of the Code of Ordinances of the City of Lubbock, Texas, is amended by adding a new paragraph to read as follows: Sec. 6-34. Sec. 1203. Group R occupancies; light, ventilation and sanitation. Section 1203 of Chapter 12 of the Uniform Building Code is amended by adding thereto a new subsection 1203.3.1 to read as follows: I 203.3.1 Ventilation of cooking facilities. All Type II exhausting systems as defined by the Uniform Mechanical Code over any cooking facilities shall not terminate in an attic or any confined space, but shall continue through the roof to the outside atmosphere. SECTION 25. THAT a new Section 6-35.l be added to the Code of Ordinances of the City of Lubbock, Texas, which shall read as follows: Sec. 6-35.1. Sec. 904.2.3.1 deleted. Section 904.2.3. l of the Uniform Building Code, 1997 edition, entitled ''Drinking Establishments," is hereby deleted. SECTION 26. THAT Section 6-36 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-36. Sec. 707. Insulation. Section 707 of Chapter 7 of the Uniform Building Code is amended by adding a new subsection 707.4 to read as follows; 707.4 Insulation. 1. All buildings of frame construction which are mechanically heated, cooled, or both, shall be insulated to meet the following requirements: 19 Walls shall be insulated to an R-factor of not less than R-11; ceilings shall be insulated to an R-factor of not less than R-19. All such insulation shall be material meeting the minimum standard tests for insulation to be used in buildings of frame construction, as established by the International Conference of Building Officials (ICBO), Underwriters' Laboratory (UL), of an independent testing laboratory approved by the building board of appeals using the American Society of Testing Materials (ASTM C-739). 2. The installer of such insulation shall attach to the attic scuttle hole of the building. a placard containing the following information: A. The address of the building; B. A statement certifying the R-factor of the insulation installed in the walls, as well as the computed R-factor of insulation installed in the attic, the number of bags used. and the square footage of the attic; C. A statement certifying that the insulation used meets all the requirements of this code; D. The name and address of the insulation manufacturer, the brand of the insulation, the name of the company performing the test of the insulation. the name and address of the company installing the insulation, the date of insulation, and the signature of the installer. 3. Any insulation, except for fibrous glass and mineral wool insulation, not directly labeled with either the ICBO or LTL seal of approval, shall meet the following requirements: A. The manufacturer of the material shall have the material tested on a follow-up basis by an approved independent testing laboratory using ASTM C-739 test one time per calendar year and a minimum of 6 ASTM E-84 tests per calendar year. The samples for such tests shall be obtained at random from the manufacturers' stocks by the testing laboratory during unannounced in-house visits. B. The manufacturer shall obtain test results, certifying the material picked at random meets the ASlM test standards. C. The manufacturer of the material shall have the insulation container labeled with the R-factor of the material, the name of the testing laboratory and a statement that the insulation meets the requirements of ASTM C- 739. 20 D. At the request of the city building official, the manufacturer shall forward to the city, a copy of the test results and shall submit records of the amounts of insulation produced per day along with the nwnber of pounds of raw materials used that day. SECTION 27. THAT Section 6-37 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-37. Sec. 1607.5. Reduction of live loads. Section 1607.5 of Chapter 16 of the Uniform Building Code is hereby amended by adding a new paragraph to read as follows: No live load reductions are permitted on any structural roof member having a slope less than four (4) inches per foot, or an arch or dome with a rise less than one- eighth of the span. SECTION 28. THAT Section 6-38 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows. Sec. 6-38. Sec. 1609. Basic wind speed. Section 1609 of Chapter 16 of the Uniform Building Code is hereby amended by adding a new paragraph to read as follows: Basic wind speed in the City of Lubbock is adopted as eighty (80) miles per hour, per Table No. 16-F, Wind Stagnation Pressure at Standard Height of thirty (3 0) feet. SECTION 29. THAT Section 6-39 of the Code of Ordinances of the City of Lubbock, Texas is amended to read as follows: Sec. 6-39. Sec. 2109.9. Unburned clay masonry. Section 2109.9 of Chapter 21 of the Uniform Building Code is hereby amended to read as follows: A. general Masonry of unburned clay units shall not be used in any building more than two (2) stories in height. The height of every laterally unsupported wall of unburned clay units shall be not more than ten (10) times the thickness of such walls. Exterior walls, which are laterally supported with those supports located no more than twenty-four (24) feet apart, are allowed ~ minimum thickness of ten ( 10) inches for single story and minimwn thickness of fourteen (14) inches for the bottom story of a two-story with the upper story allowed a minimum thickness of ten (10) 21 inches. Interior bearing walls are allowed a minimum thickness of eight (8) inches provided that the same height/thickness ratio as exterior bearing walls is maintained. B. Compressive strength. The units shall have an average compressive strength of three hundred (300) pounds per square inch when tested in accordance with ASTM C-67. No more than twenty percent (20%) of the samples shall have less than two hundred fifty (250) pounds per square inch compressive strength. C. Modulus of rupture. The unit shall average fifty (50) pounds per square inch in modulus of rupture when tested according to the following procedure: (i) A cured unit shall be laid over (cylindrical) supports of two (2) inches in diameter, located two (2) inches from each end, and extending across the full width of the unit. (ii) A cylinder two (2) inches in diameter shall be laid midway between and parallel to the supports. (iii) Load shall be applied to the cylinder at the rate of five hundred (500) pounds per minute until rupture occurs. (iv) The modulus of rupture is equal to 3W1/2Bd2 W = Load of rupture L = Distance between supports B = Width of brick d = Thickness of brick D. Soil. The soil shall be a suitable mixture of clay and sand. The soil used shall contain not less than twenty-five (25) percent and not more than forty-five (45) percent of material passing a No. 200-mesh sieve. The soil shall contain sufficient clay to bind the particles together and shall not contain more than two-tenths (0.2) percent of water-soluble salts. It shall have sufficient bonding strength to ensure that the adobe shall not crack or crumble. E. Adobe. Adobe is defined as unburned clay masonry made of soil to which admixtures are added in the manufacturing process in order to limit the adobe's water absorption to comply with paragraph G below. Exterior walls constructed of treated adobe require no additional protection. Stucco I is not required. The mortar shall be a minimum of the same quality as that of the brick. 22 F. Moisture content. The moisture content of the unit shall be not more than four (4) percent by weight. G. Absorption. A dried four-inch cube cut from a sample unit shall absorb not more than two and one-half (2%) percent moisture by weight when placed upon a constantly water-saturated porous surface for seven (7) days. H. Shrinkage cracks. No units shall contain more than three (3) shrink.age cracks, and no shrinkage crack shall exceed three (3) inches in length or one-eighth inch in width. I. Foundations. Adobe shall not be used for foundation or basement walls. All adobe walls shall have a continuous concrete footing at least eight (8) inches thick and not less than the walls above. All foundation walls which ' support adobe units shall extend to an elevation not less than six (6) inches I above the finish grade. Foundation walls shall be at least as thick as the exterior wall as specified in section 2109.9 (J). Where stem wall insulation is used, a variance is allowed for the stem wall width to be two (2) inches smaller than the width of the adobe wall it supports, but in all cases shall be sufficient to support the loads to be imposed. J. Exterior walls. All walls of adobe shall not have thickness less than that allowed in paragraph A above. Mortar shall be in accordance with paragraph E above. All adobe brick shall be laid up with full slush (bed) joints and shall be bonded (overlapped) not less than four (4) inches. All walls of adobe must also be laid up with full joints. All adobe walls shall be topped with a continuous belt course or tie beam ( except patio walls less than six (6) feet high above stem). At the time of laying, all units shall be clean and damp at the surface. K. Concrete tie beams. Shall be a minimum of six ( 6) inches deep by width of wall up to ten (10) inches wide. All concrete tie beams shall be reinforced with a minimum of two (2) No. 4 reinforcing rods at each floor and ceiling plate line. Provisions for uplift pressure shall be made. L. Wood lintels or tie beams. Shall be a minimum of six (6) inches by wall width up to a ten-inch thickness. The wooden tie beam shall be overlapped, or spliced, at least six (6) inches at all joints. All joints shall have a wall bearing of at least twelve ( 12) inches. Wood tie beams may be solid in the six-inch nominal dimension or may be built up by applying layers oflumber. No layer shall be less than one (1) inch nominal. Wood 23 joints, vigas or beams shall be spiked to the wood tie beam with large nails or large screws. Provisions for uplift pressure shall be made. M. Plastering. Plaster may be applied to adobe surfaces provided that it is applied over a lathe of minimum of twenty (20) gauge by one-inch poultry netting attached to the adobe sixteen (16) inches on center, both ways with one and one-half (1 1/2) inch nails. N. Methods of attachment. All methods of attachment to adobe shall be detailed and subject to approval by the building official. 0. Testing. The building official shall select five (5) adobe from every five thousand (5,000) adobe manufactured on site for testing. There shall be one (1) series of tests per every five thousand (5,000) adobe manufactured. (All five (5) test samples). The adobe tested shall be tested in accordance with ASTM C-67 and shall further meet the criteria established in subsections B, C, F and G above. All tests shall be conducted by an approved testing laboratory. Copies of all tests shall be submitted to the building official for review prior to the use of the adobe. SECTION 30. THAT Section 6-40 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-40. Table 21-Q and 21-R. Minimum thickness of masonry walls. Table 21-Q. Allowable Shear on Bolts for Masonry of Unburned Clay Units, of Chapter 21 of the Uniform Building Code is hereby deleted. A new Table 21-R is hereby added to Chapter 21 of the Uniform Building Code as follows: 24 TABLE NO. 2 1-R --MINIMUM THICKNESS OF MASONRY WALLS Maximwn Ratio Unsupported Nominal Height or Minimum Length to Thickness Type of Masonry lbickness (inches) Bearing walls: 1. Unburned clay masonry 10 16 2. Stone masonry 14 16 3. Cavity wall masonry 18 8 4. Hollow unit masonry 18 8 5. Solid masonry 20 8 6. Grouted masonry 20 6 7. Reinforced grouted masonry 25 6 &. Reinforced hollow unit masonry 25 4• Nonbearing walls: 9. Exterior unreinforced walls 20 2 10. Exterior reinforced walls 30 2 11. Interior partitions unreinforced 36 2 12. Interior partitions reinforced 48 2 *Nominal 4-inch-thick load-bearing reinforced hollow clay unit masonry walls with a maximum unsupported height or length to thickness of 27 may be permitted, provided net area unit strength exceeds 8000 psi, units are laid in running bond, bar sizes do not exceed 1/2 inch with no more than two bars or one splice in a cell, and joints are flush cut, concave or a protruding V section. Minimwn bar coverage where exposed to weather may be I 1/2 inches. SECTION 31. THAT Section 6-41 of the Code of Ordinances of the City of Lubbock, Texas, shall be deleted and the nwnber reserved for future use. SECTION 32. THAT Section 6-42 of the Code of Ordinances of the City of Lubbock Texas, is amended to read as follows: Sec. 6-42. Sec. 2313. Wood Construction. A new subsection 2304.3.1 is added to Chapter 23 of the Uniform Building Code to read as follows: 25 2304.3.1 Metal Hangars. Approved metal joist hangers or framing connectors shall be used on all exterior walls to attach engineered trusses to the top double plate. Exposed exterior columns and/or posts shall be anchored by an approved method at the base and to the beam. Section 2313 of Chapter 23 of the Uniform Building Code is here by amended by adding a sentence to read as follows: No plywood or particle board shall be used as flooring in water heater closets unless underlayed with solid wood. A new Subsection 2320.1 4 is added to Chapter 23 of the Uniform Building Code to read as follows: 2320.14. Utility Grade Lumber. Utility grade lumber may be used in top and bottom plates in bearing and nonbearing walls in · single-story dwellings and in the top story of multi-story dwellings only. SECTION 33. THAT Section 6-43 of the Code of Ordinances of the City of Lubbock, Texas, is deleted and the number is resen,ed for future use. SECTION 34. THAT Section 6-44 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-44. Sec. 3301. Excavations and fills. Subsection 3301.1 of Section 3301 of Chapter 33 of the Uniform Building Code is amended by adding the following paragraph: Exception: Design criteria for foundations and footings in one and two-story buildings housing groups R-1, R-3 and M Occupancies, type V construction, where engineering design is not provided shall be as set forth in Tables 18-1-D and 18-1-D-l. In areas where the topography, or the desired design of the floor is not consistent with Table 18-1-E, then a topographical site plan showing proper drainage will be followed. SECTION 35. THAT Section 6-45 of the Code of Ordinances of the City of Lubbock, Texas, is deleted and the number is reserved for future use. SECTION 36. THAT Section 6-46 of the Code of Ordinances of the City of Lubbock. Texas, is amended to change all references to therein to Table 29-A of Chapter 29 to read as Table 18-1-C of Chapter 18. SECTION 37. THAT Section 6-46 of the Code of Ordinances of the City of Lubbock, Texas, is amended to change the designation of Table 29-A to Table 18-1-C. 26 SECTION 38. THAT Section 6-47 of the Code of Ordinances of the City of Lubbock, Texas, is amended to change all references therein to Table 29-A-1 of Chapter 29 to read as Table 18-1-C-1 of Chapter 18. SECTION 39. THAT Section 6-48 of the Code of Ordinances of the City of Lubbock, Texas. is amended to change all references therein to Table 29-E of Chapter 29 to read as Table 18-1-D of Chapter 18 and to insert a new Table 18-1-D, which shall read as follows: Difference in elevation from top of curb to rear property line 0 inches 6 inches 12 inches 18 inches 24 inches 30 inches 36 inches TABLE 18-1-D MINIMUM FLOOR ELEVATION FOR STRUCTURES RELATIVE TO SLOPES OF THE LOT Minimum floor Minimum floor elevation above top elevation above top of curb when slope of curb when slope is to rear is to front 12 inches 12 inches 10.5 inches 13.5 inches 9 inches 15 inches 8 inches 16.5 inches 6 inches 18 inches 6 inches 19.5 inches 6 inches 21 inches (1) The ground shall slope away from the building in all directions. (2) The minimum distance from the finished ground elevation to the top of the floor shall be eight (8) inches at all locations around the building. (3) Minimum floor elevations. 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. Table 18-1-D shall be the standard for determining the correct finish floor elevations depending on the slope of the lot. It shall be the responsibility of the builder/contractor to provide the City Building Official with a survey certificate indicating the required finish floor elevation as detennined by the surveyor. The required elevation shall be indicated on the construction plans and marked on the front street curb. Structures located in any flood hazard area shall comply with all F .E.M.A. regulations. SECTION 40. THAT Section 6-49 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: 27 TABLE 18-1-0 1994 U.B.C. MINIMUM FLOOR ELEVATIONS ABOVE TOP OF CURB STR ET STRFT _1 SLOPE TO FRONT OF LOT MlNIMUM FLOOR ELEVATION ABOVE TOP OF CURB 12" 101✓/ 9• 8~ 36. 30• 2•- ,a· 12· 6. 0 LOT HEIGHT ABOVE CUR8 AT Rr AR ALLEY ALLEY 0 -~;:__- SLOPE TO REAR BELOW TOP OF CURB 1r 18 .. _ :,6 • LOT BELOW CURB AT REAR Sec. 6-49. Sec. 1508.2. Asphalt shingles. Section 1508.2 of Chapter 15 of the Uniform Building Code is amended by adding a third paragraph thereto to read as follows: Composition shingles shall not be installed on a roof having a slope ofless than three (3) inches to twelve (12) inches unless approved by the building official. SECTION 41. THAT Section 6-50 of the Code of Ordinances of the City of Lubbock, Texas, is deleted and the number reserved for future use. SECTION 42. THAT Section 6-52 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-52. Sec. 1002. Occupant Load. Section 1002 of Chapter 10 of the Uniform Building Code is amended by adding the following to the EXCEPT! ON: Accessory uses shall include: restrooms, mechanical rooms, janitor closets, telephone rooms, but not restricted to these uses named. SECTION 43. THAT Section 6-53 of the Code of Ordinances of the City of Lubbock. Texas, is amended to read as follows: Sec. 6-53. Sec. 1005. Corridors and exterior balconies. Section 1005.8.1 of Chapter 10 of the Uniform Building Code is hereby amended by deleting the last sentence of the first paragraph. SECTION 44. THAT Section 6-54 of the Code of Ordinances of the City of Lubbock. Texas, is deleted and the number is reserved for future use. SECTION 45. THAT Section 6-55 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-55. Table 10-A. Minimum egress and access requirements. Table 10-A in Chapter 10 0fthe Uniform Building Code is amended to add an Item No. 31 to the chart to read as follows: 31. Basements 12* 100 No. *Basements under one thousand (1,000) square feet used for storage shall have a smoke detector. 28 SECTION 46. THAT Section 6-55.1 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-55.1. Sec. 904.2.8. Group R Division I occupancies. Subsection 904.2.8 of Section 904 of the Uniform Building Code, Chapter 9. is amended by deleting the words "or containing sixteen (16) or more dwelling units." SECTION 47. THAT Section 6-56 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-56. Sec. 3201. Permanent occupancy of public property; general. Section 3201 of Chapter 32 of the Uniform Building Code is amended by adding the following paragraphs to read as follows: In the event a street curb line is moved back closer to the abutting property line due to the widening or redesign of the street, then, in such event, structures or appendages regulated by this code to conform with the new curb line. Such removal or relocation must be completed, at the expense of the owner, within thirty (30) days from notice by the building official. Nothing in this code shall permit structures or appendages to extend or project into the right-of-way of U.S. or Texas highways within the city. SECTION 48. THAT Section 6-57 of the Code of Ordinances of the City of Lubbock. Texas, is amended to read as follows: Sec. 6-57. Chapter 36. Signs. A new Chapter 36. Signs, is hereby added to the Uniform Building Code to read as provided in sections 6-58 through 6-67 of the Code of Ordinances of the City of Lubbock. SECTION 49. THAT Section 6-58 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-58. Sec. 3601. Permit required. Except as otherwise provided in section 3603, no sign shall be erected, or attached to, suspended from or supported on a building or structure until a permit for the same has been issued by the building official as specified in the zoning ordinances of the City of Lubbock. 29 All signs shall be inspected by the building official for approved locations and structural safety. Electrical signs and outline lighting shall conform with Chapter 6 of the National Electrical Code and ordinances as adopted by the City of Lubbock. Any sign installed within the jurisdiction of the City of Lubbock shall comply with all applicable ordinances and shall not be finaled for use or if electrically illuminated shall not be connected to electrical power until all violations are corrected and a final approval issued by the building official and the codes enforcement administrator. SECTION 50. THAT Section 6-59 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-59. Sec. 3602. Fees. A permit and inspection fee. payable at the office of the building official. shall be charged for sign erection at the time a permit is obtained. Such fee shall be according to the fee schedule as adopted by the City Council and periodically adjusted pursuant to Ordinance No. 8248. A list of the fees shall be filed with the city secretary and with the building official. Electrical signs. In accordance with those fees required above. SEC TI ON 51. THAT Section 6-60 of the Code of Ordinances of the City of Lubbock., Texas, is amended to read as follows: Sec. 6-60. Sec. 3603. Structural alterations. No sign shall be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this code. SECTION 52. THAT Section 6-61 of the Code of Ordinance of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-61. 3604. Wall signs. 3604.1 Materials. Wall signs exceeding forty ( 40) square feet in area shall be noncombustible material except that such signs placed against a building or structure which is of wood frame construction or which would be of wood frame construction under this code may be of combustible material. Cappings, decorations, lettering and moldings may be of combustible material on any wall sign. 3604.2 Attachment. Wall signs shall be securely attached to the building or structure by means of metal anchors, bolts or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper 3C anchorage, except in the case of wall signs attached to the building or supported by an unbraced parapet wall. SECTION 53. THAT Section 6-62 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-62. Sec. 3605. Projecting signs. 3605.1 Projecting signs exceeding two and one-half(2%) square feet in area shall be made of noncombustible material except the decorations, facings and lettering set in or attached to noncombustible material. 3605.2 Projecting signs shall be securely attached to the building or structure by bolts, anchors, chains, rods and guys. No nails or staples shall be used to secure any projecting sign to a building or structure. SECTION 54. THAT Section 6-63 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-63. Sec. 3606. Ground signs. 3606. l Ground signs shall not exceed the height limitations above the ground on which they rest as specified in the zoning ordinance. 3606.2 Ground signs more than fifteen (15) feet high shall be made of noncombustible material, except that cappings, decorations, lettering and moldings may be of combustible material. SECTION 55. THAT Section 6-64 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-64. Sec. 3607. Roof signs. Display signs that are placed or supported on the top of a building or structure shall be made of noncombustible material, except that cappings, decorations. lettering and molding may be of combustible material. SECTION 56. THAT Section 6-65 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-65. Sec. 3608. Location. No sign shall be so placed as to obstruct or interfere with an exit way or so as to prevent free passage from one part of a roof to any other part thereof, or as to interfere 3l with light and ventilation, or so as to obstruct any opening in an exterior wall required in this Code for Fire Department access. SECTION 57. 1HAT Section 6-66 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-66. 3609. Design. All signs shall be designed according to generally accepted engineering practice to withstand wind pressures specified in this code. The loads shall be distributed to the structural members of the building or structure in such a way that these members will not be overstressed. SECTION 58. THAT Section 6-67 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-67. 3610. Zoning requirements. All signs erected within the City of Lubbock shall conform to requirements established by the zoning ordinance. SECTION 59. THAT Section 6-68 of the Code of Ordinances of the City of Lubbock, Texas, is amended to read as follows: Sec. 6-68. Sec. 2501. Gypsum board and plaster. Section 2501 of Chapter 25 of the Uniform Building Code is amended by deleting subsection 2501.1 in its entirety. SECTION 60. THAT Section 6-69 of the Code of Ordinances of the City of Lubbock, Texas. is amended to read as follows: Sec. 6.69. Sec. 2511. Same --Gypsum wallboard. Subsection 2511.1 of Section 2511 of Chapter 25 of the Uniform Building Code is amended by adding the following: Exception: Exterior type gypsum wallboard may be used on exterior walls as sheathing, soffits and ceilings. SECTION 61. THAT violation of any provision of this ordinance shall be a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. 32 I I I SECTION 62. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 63. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this l.1th.... day of November Passed by the City Council on second reading this 11th day of December AT.TEST: APPROVED AS TO CONTENT: I / I ddord/ccdocSlbi ldcod doc October 22, 1997 , 1997. , 1997. I! 33