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HomeMy WebLinkAboutOrdinance - 9708-1994 - Amending Chapter 6 Building Board Of Appeals And Plumbing And Mechanical Board - 05/19/1994First Reading May 19, 1994 Item #29 Second Reading June 9, 1994 Item #8 ORDINANCENO. 9708 AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK WITH REGARD TO THE BUILDING BOARD OF APPEALS AND THE PLUMBING AND MECHANICAL BOARD; COMBINING SUCH BOARDS INTO A SINGLE BOARD; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBUCATION. WHEREAS, the City Council of the City ofLubbock, Texas, deems it to be in the best interest of the citizens of the City ofLubbock to combine the present Building Board of Appeals and the present Plumbing and Mechanical Board into a single board to increase efficiency and to simplify administrative procedures for citizens; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIT.. OF THE CITY OF LUBBOCK: SECTION 1. THAT Subsection 6-19(a) of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: (a) 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 shall be and 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 representative from each of the following named areas of expertise: 1) one (1) member who is a member of the Lubbock Home Builders Association, 2) one (1) member who is an active architect, 3) one (1) member who is an active structural engineer, 4) one (1) member who is an active commercial contractor, S) one (1) member who is an active residential contractor, 6) one (1) member who is an active Realtor, 1) one (1) member who is a Lubbock citizen not involved in construction, 8) one (1) member who is an active master plumber, 9) one (1) member who is an active journeyman plumber, 10) one (1) member who is an active mechanical engineer, and 11) one (1) member who is 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 and shall hold office for a term of two (2) years and until their successors are appointed. The presently constituted board members shall continue in their offices for their regular terms and the additional four (4) members shall be appointed effective June 1, 1994, with two (2) new members to serve one (1) year tenns and two (2) new members to seiVe two (1) year tenns as determined by the drawing oflots. SECTION 2. THAT Section 6-83 of the Code of Ordinances of the City ofLubbock, Texas, is hereby amended to read as follows: Sec. 6-83. § 20.14. Plumbing and Mechanical Board. Section 20.14 of the Uniform Plumbing Code is hereby amended to read as follows: (a) Plumbing and Mechanical Board. The Building Board of Appeals shall seiVe as the plumbing and mechanical board of the City of Lubbock and shall perform the duties set out herein or as may be hereafter specified by the City ofLubbock. (b) It shall be within the power and duty of this board to examine new developments and changing conditions for additions, deletions, amendments and changes to the "Plumbing Code" from time to time as it may deem proper, and to submit to the City Council its written suggestions for the improvement of the "Plumbing Code" of the City of Lubbock. (c) Appeals to the board may be made by the city building official or any interested person and it is hereby made the power and duty of the board when disputes arise between any person, firm, association, partnership or corporation as to the meaning of the "Plumbing Code" to interpret same; and when a majority of said board has interpreted the "Plumbing Code" as to its meaning, said interpretation by the board shall be final and binding on all persons, firms, associations, partnerships and corporations. (d) In cases where the Uniform Plumbing Code gives discretionary power to the building official to pennit deviation from the provisions of said code, only those deviations or changes approved by the building official involving required material substitutions must also be approved by the board before the same can be performed in the City of Lubbock. SECTION 3. THAT Section 6-102 of the Code of Ordinances of the City of Lubbock, Texas, shall be amended to read as follows: Sec. 6-102. § 203. Board of appeals. Section 203 of the Uniform Mechanical Code is hereby amended by making the following changes: In order to determine the suitability of alternate material and methods of installation and to provide for reasonable interpretations of this code, there shall be and there is hereby created a board of appeals, whose membership shall be the same as that of the Building Board of Appeals of the City of Lubbock. The board shall adopt reasonable rules and regulations for 2 conducting its investigations and shall render all decisions and findings in writing for the building official with a duplicate copy to the appellant. It shall be within the power and duty of the board to examine new developments and changing conditions for additions, deletions, amendments and changes to the "mechanical code" from time to time as it may deem proper, and to submit to the City council its written suggestions for improvement of the "mechanical code" of the City of Lubbock. SECTION 4. THAT this Ordinance shall be effective from and after the date of its final passage by the City Council of the City of Lubbock. SECTIONS. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method publication provided by law. Ag;;,M~ ddard/ccdocslbboanl.doc April '· 1994 3 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me thll.i'lis.....____,/,_3.-~~:-_-"day of -:5 ~ " PAniTA=--1 Notary PuiJite. State of Texas My Commts.!''.lfl Ex111res 6·30·96 J FORMSS..IO 19 94 ····-.. -