HomeMy WebLinkAboutOrdinance - 4910-1966 - Amending Ordinance No. 4725, Adition Chapter 55 Disaster Shelters. - 01/20/1966r
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ORDINANCE NO. ___ 4..;..;9 __ 1_0 _____ _
AN ORDINANCE AMENDING ORDINANCE NO. 4725~ KNOWN AS THE
BUILDING CODE OF THE CITY OF LUBBOC~· BY THE ADDITIO~ THERETO
OF A NEW CHAPTER DESIGNATED "CHAPTER 55 D1SASTER SHELTERS";
REQUffiiNG THE lSSUANCE OF A BUILDING PERMIT PRIOR TO THE EREC ....
TION OR CONSTRUCTION OR OTHER SPECIFIED ACTIVITY OF OR ON A
DlSASTER SHELTER; DEFINING THE TERMS 11DlSASTER SHELTER" AND
"DISASTER"; PROVIDING FOR APPLICATIONS FOR SUCH PERMITS AND THE
CONTENTS THEREOF AND ATTACHMENTS THERETO; PROVIDING FOR PER"'
MITS TO BE lSSUED UPON APPROVAL~ AND PROCEDURES INCIDENTAL
THERETO; ESTABLISHING FEES FOR. INSPECTIONS AND EXCEPTIONS;
DIRECTING INSPECTIONS BY THE BUILDING INSPECTOR; REQUIRING ABO
FR.OM ALL CONTRACTORS ENGAGED IN CONSTRUCTING~ RECONSTRUCTING
INSTALLING~ ENLARGINb~ ALTERING OR REPAIRING DISASTER SHELTERS~
THE CONDITIONS OF SUCH BONDS AND FOR APPROVAL AND EXCEPTIONS;
PROVIDING GENERAL MINIMUM STANDARDS FOR ALL DISASTER SHELTERS;
PROVIDING STANDARDS FOR CONSTRUCTION OF D1SASTER SHELTERS;
DECLARING ACTS IN VIOLATION OF THIS ORDINANCE TO BE UNLAWFUL;
PROVIDING EXCEPTIONS TO COMPLIANCE WITH THE STANDARDS FOR
CONSTRUCTION; PROVIDING THAT BUILDING CODE PROVISIONS TO APPLY
AND CONTROL EXCEPT WHERE IN CONFLICT WITH THIS ORDINANCE;
DECLARING VIOLATIONS OF TH1S ORDINANCE TO BE A M1SDEMEANOR;
PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; DIRECTING
PUBL~CATION; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECT!
DATE.
WHEREAS~ the terrifying spector of atomic warfare and its potentially
~re 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 provide adequate and safe family
shelters; and,
WHEREAS .. at the prompting of all levels of government and by the
crisis of world affairs itself~ many Americans including the citizens of the City
of Lubbock are planning for the construction of family shelters; and1
WHEREASQI this sudden interest initiated plans and proposals for
construction of storm~ fallout and/or bomb shelters which are in some instances
more dedicated to spees:Iy~erection or construction than to safe., lasting con"*
struction and engineering practices; and.,
WHEREAS_. the City Council 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 disaster. but would also
raise an immediate hazard to the public health,. sa_.fety and general interest; and,
.·.
WHEREAS.,. the City Council finds that the adoption of certain minimum
standards and construction specifications and associated procedures to enforce
compliance with such requirements are necessary and'essential. to the health~ {.
safety and welfare of the citizens of the City of Lubbock; and~
WHEREAS,,. the City Council finds that the passage of this Ordinance is
necessary and essential for the immediate preservation of the property,. health
and safety of the citizens of the City of Lubboc~ which creates an emergency;
N.OW!: mFIR~ORE':
BEUT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 4725, known as the Building Code
of the City of Lubboc4 BE and the same is hereby amended by the addition
thereto of a new chapter to be designated as "Chapter 55 Disaster Shelters".,
which shall read hereafter in full as follows,. to ... wit:
11Sec. 5 501 General.
"Chapter 55
D1SASTER SHELTERS 11
"No person~ firm or corporation shall erect or construct or proceed with
the erection or construction of any disaster shelter, nor add t~ enlarge .. move.,
improveJI' alter., repair.,. convert., extend or demolish any disaster shelter or
cause the same to be done .. without first obtaining a building permit therefor
from the building inspector. No permit shall be required for normal repair and
maintenance.
''Sec. 5502 Definitions.
"The term "disaster shelter" as used herein shall be defined as meaning
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 pro ...
viding protection to the occupants thereof from the effects of blasts, winds,. fire,
water,. heat or radiological fallout resulting f.vom a disaster,.
"The term "disaster11 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 ealamity.
11Sec. 5503 Applications for permits.
"Any personJ> firm or corporation desiring a building permit as required b)
this Code shall file with the building inspector an application therefore 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 proposed shelter is to be con.,.
structed or installed. either by lot~ block and/ or tract,. or similar general
description that will readily identify and definitely locate the proposed building
or work. The application shall be ?ubmitted in duplicate and the building
inspector shall cause a copy of all such applications 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 less than one--eighth inch to onafoet. 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,.
11Sec. 5504 Permits.
"The application,. plans and specifications filed by an applicant for a per ...
mit shall be checked by the building inspector and~if found td>be in conformity
with the requirements of this Chapter and all other laws or ordinances there ....
unto pertainingJ-the building inspector shall upon receipt of the required permit
fee issue a permit therefor. When the building inspector issues the permit., he
shall endorse in writing or stamp on both·sets of plans and specifications
"APPROVED11~ One such approved set of plans and specifications shall be re--
tained 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 progress~ and shall be open to in ...
spection by public officials. Such approved 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. 5505 Fees.
"Any person desiring a building permit shall,. at the time of filing an
application therefor~ as provided in Section 5503 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. oo.
"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, separa~~ permits and fees
shall be paid for all installations or fixtures to be attached to such services in
accordance with the law or ordinances pertaining to such services. The City,
County~ State or the United States of America shall be exempt from the payment
of any fee herein required.
"Sec. 5506 Inspections.
11The building inspector shall inspect or cause to be inspected at such
intervals as necessary., the erection, construction. enlarging, alteration~ rew
pairing, moving or demolition of all such shelters. No reinforcing steel or
structural framework of any part of such shelters shall be covered or concealed
in any manner whatsoever without first obtaining the approval of the building
inspector.
"Sec. 5507 Bond for Contractor~.
"Any person, firm or corporation desiring to engage in the business of
constructing, re-constructing, installing, enlarging, altering or repairing disaste ~->
shelters in the City of Lubbock, shall file with the building inspector, to be app-
roved by the city attorney or an authroized assistant as to form and condition and
such approval has been written on the face of the bond, the same to be immediate!
effective and the principal deemed to have complied with the bond provisions of
this chapter, a surety bond in.the sum of Five Thousand Dollars, conditioned on
the faithful performance of all provisions of this chapter, and all the provisions
of the Building Code, ordinances and other regulations of the City of Lubbock
covering construction, such surety to be a company authorized to transact business
in the Stat.e 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 breac h not
to exceed the face amount of said bond, provided written notice of such damage
and probable amount thereof is given to the surety within ten days after the dis-
covery of the damage, and in no event not later than ninety days after the comple-
tion 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 t.he City Attorney or an authorized assistant as to form and
condition and such approval has been written on the face (j)f the bond, the same sh.: Ill
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 thereof 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 contraftor shall not pursue work further until bond for full amount
is filed and approved; provided however, that no such notices and/ or cancellatiom
shall be effective t~}.ischarge the suretyls liability for work undertaken by the
principal under peri its issued prior to the date of such notice and/ or cancellatior •
11General contractors doing business in the City who have previously given
the general contractors bond required by Sec. 307 of the Building Code. upon
presentation of a letter from the surety or its authorized agent on the existing
bond that shelter construction will be covered by the existing bond. shall be
exempt from obtaining the specific disaster shelter bond hereinabove required.
"Sec. 5508 General Minimum Standards for Disaster Shelters.
11The following provisions are hereby established as minimum 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 or placed in below ground shelters shall
never be connected to the public 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 the shelter.
5. All shelters that do not project more than two feet above the surround ...
ing grade level shall be exempt from the zoning provisions 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.
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 vent located away from the shelter entrance and extending from
near the floor to a point approximately two (2) feet above the earthen cover.
Each of these vents shall be of such 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 and/ or insects
from entering.
11Sec. 5 509 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 standar< s
for construction of all disaster shelters hereafter to be constructed within the
limits of the City,.
"All prefabricated metal shelters shall be approved for local installation
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 approve<
by the Federal Housing Administration.
11Sec. 5510 Unlawful Acts.
"It shall be unlawful for any person., firm or corporation to erect¥ con ...
struct .. enlarge. alter, repair,. move# improve_. remove,. convert,. demolish.
equip, use or occupy or maintain any disaster shelter,. or cause or permit the
same to be done .. without fully complying with the provisions of this Chapter and
other Ordinances of the City.
11Sec. 5 511 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 Cree~ Michigan.
or which have been approved by the Federal Housing Administration for a Title I,
F~'.H.A_ Loan~ shall be exempt from the provisions of Section 5509 hereinabove. 11
SECTION 2. THE requirements of this Ordinance shall be construed in all
situations as a part of the building code of the City of Lubbock and all applicable
provisions of said building 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 where 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 convictio~ 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 this Ordinance and the penalty clause in a news ...
paper 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
before 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
effect ten (10) days after its passage.
AND IT IS SO ORDERED.·
Unanimously passed by the City Council this 20th day of _....:J~ai!..!Jn~u:aa~ryz...._ __ --'~ 19 •
ATTEST:
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