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HomeMy WebLinkAboutOrdinance - 9271-1989 - Amending Chapter 6 Article II Code Of Ordinances. - 04/27/1989II J· JCR:da First Reading April 27, 1989 Item #5-A Second Reading June 22, 1989 Item #8 ORDINANCE NO. 927l AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "BUILDING CODE," BY ADOPTING THE UNIFORM BUILDING CODE, 1988 EDITION; SETTING FORTH GENERAL SPECIFICATIONS FOR BUILDING; CORRECTING TYPOGRAPHICAL ERRORS AND NUMBERING ERRORS; ESTABLISHING PERMIT AND FEE REQUIREMENTS; DELETING DUPLICATIONS OF REGULATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Building Board of Appeals has determined that these changes to the Building Code of the City of Lubbock and the Uniform Building Code, 1988 Edition, are needed to update and modernize such Codes for the benefit of the health, safety and welfare of the citizens of the City of Lubbock and the Building Board of Appeals has recommended such changes to the City Council; and WHEREAS, the City Council has determined that the changes here- inafter made are to the benefit of the health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following named sections of Chapter 6, Article II, of the Code of Ordinances of the City of Lubbock BE and are hereby amended as follows: Section 6-16. Amend to read as follows: "Sec. 6-16. Uniform Building Code, 1988 Edition, adopted. The 1988 Edition of the Uniform Building Code and Appendix Chapters 32 and 55 of said code, as copyrighted in 1988 by the International Conference of Building Officials, Whittier, Califor-nia, as hereinafter amended in this article, is specifically adopted as the building code of the City of Lubbock, Texas, and a copy is attached hereto and incorporated herein by reference as though set out completely in detail. References in this article to the Uniform Building Code shall mean the 1988 Edition. A copy of said Uniform Building Code shall be filed with the city secretary and a copy maintained in the office of the building official, all such copies to be open to public inspection during the business hours of the offices where they are maintained, with the amendments thereto as provided in this article." Section 6-17. Delete entire section. Section 6-22.1. Amend to read as follows: "Sec. 6-22.1. §303. Permits issuance. Section 303Cdl of Chapter 3 of the Uniform Building Code is amended by adding a paragraph to read as follows: Any building permit 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 permittee has not had any contact with the building inspection department in the form of inspections or request for extension of the permit within one hundred eighty (180} 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. Build- ings 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 (Housing} of the Code of Ordinances of the City of lubbock. No permit shall be extended more than once." Section 6-23. Amend to read as follows: "Sec. 6-23. §304. Fees. Section 304Cbl of Chapter 3 of the Uniform Building Code is hereby amended to read as follows: (b) Quilding permit fees. 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. 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 periodi- cally adjusted pursuant to Ordinance No. 8248. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the fees specified herein shall be doubled, except for reroofing, house moving and demolishing, where the minimum fee shall be one hundred dollars ($100.00) or double the required permit fee, whichever is greater. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. - 2 - No governmental entity shall be exempt from payment of building permit fees unless specifically exempted by state or federal law. 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. Section 304 of Chapter 3 of the Uniform Building Code is amended by deleting the following subsections in their entirety: 304(c), 304(d), 304(e) and 304(f)." Section 6-24. Replace the words •inspection record card" with "building permit". Section 6-24.1. Amend to read as follows: "Sec. 6-24.1. §307. Certificate of occupancy. Section 307(a) of Chapter 3 of the Uniform Building Code is hereby amended by adding two paragraphs to read as follows: (a) Any building occupied prior to final inspections and connected to temporary utilities shall have the utilities termi- nated within ten (10) days after written notification of violation. Before utilities are reconnected, the contractor or owner of records 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. (b) 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." Section 6-26. Amend section (d) to read as follows: "(d) This provision shall not apply to the following: 1. A home owner seeking a permit to personally do work on a residence owned and occupied by him. 2. A home owner seeking a permit to personally work on other homes owned by him. 3. A building owner seeking to do structural work person- ally on a building owned and occupied by him as his business." - 3 - Section 6-27. Add a new section (e) to read as follows: "(e) Temporary structures shall be limited in time to not more than six (6) months, with a six (6) 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 demol- ished with proper permits. The structure shall be removed upon termination of a twelve (12) month period when an extension has been granted." Section 6-29. Amend the definition of "public building" to read as follows: "Public building is any structure not classified as a single- family structure or dwelling used in whole or in part as a place of resort, assemblage, lodgings, trade, traffic, occupancy or use by the public." Section 6-32. Delete the last sentence, beginning "All exposed 1 ight bulbs •.•• " Section 6-33. Amend to read as follows: "Sec. 6-33. §1204. Exit and emergency escape facilities. Section 1204 of Chapter 12 of the Uniform Building Code is amended by deleting from the second paragraph the words "basements in dwelling units and" thereof and amending the third paragraph to read as follows: Exception: All escape or rescue windows from sleeping rooms in one-or two-story single-family residences only shall be classi- fied 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 six- teen (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 6-34. Amend to read as follows: "Sec. 6-34. §1205. Group R occupancies; light, ventilation and sanitation. - 4 - Section 1205Cal of Chapter 12 of the Uniform Building Code is amended by amending the last sentence of the third paragraph of subsection {a) to read as follows: The window area in bathrooms and water closet compartments shall not be less than three (3) square feet unless a mechanical ventilation system is provided which is capable of providing five (5) air changes per hour and is connected directly to the outside or is terminated in a properly ventilated attic space with the point of discharge being at least two (2) inches above ceiling joists and top of insulation, and at least twenty (20) inches from flammable material in the direction of air flow from such vent and also at least twenty (20) inches below flammable material. A new subsection (c) to Sectjon 1205 of Chapter 12 of the Uniform Building Code is hereby added to read as follows: {c) 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." Sec, 6-34.1. Delete entire section. Sec. 6-35. Replace the words "constructed one hour" with "of one-hour construction". Sec. 6-40. Replace the words "24-K" with "24-M". Sec. 6-49. Replace the words 3208(cll.A". "S~~tjon 3203{d}3~B" with "Se~tion Sec. 6-51. Delete entire section. Sec. 6-55. Replace the words 1321. Basements 1212 100 No" with "30. Basements 12 100 No". Section 6-58. Add a new paragraph to read as follows: "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." SECTI6N 2. THAT Chapter 6, Article II, of the Code of Ordinances of the City of lubbock BE and is hereby amended by adding thereto a new Section 6-55.1, which shall read as follows: - 5 - "Sec. 6-55.1. §3802. Group R. Division I Occupancies. Subsection Ch) of Section 3802 of the Uniform Building Code, Chapter 38, is amended by deleting the words 'or containing more than 15 dwelling units.'" SECTION 3. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) as provided by Section 6-20 of the Building Code of the City of lubbock. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. . Passed by the City Council on first reading this 27th day of April , 1989. Passed by the City Council on second reading this 22nd day of June , 1989. 'B.C: McMINN, MAYO APPROVED AS TO CONTENT: J:l?rk. sbcial APP VED AS TO FORM: -«-ll-- Jo - 6 - . ~ l I ' THE STATE OF TEXAS COUNTY OF LUBBOCK R-158 Before me France• Hernandez a Notary Public in and for Lubbock County, Texas on this day personally appeared J,J. Auf ill' Account Manal!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Lu!el Notice -------,--,:--::::~---.~r-r-:::7-::-No.506931 at Lubbock County, Texas and the attached print- . ' ed copy of the Lef!a I Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the followin~ dates: June 24' Ju I¥ 1• 1989 ~ 257 word& @ ,92 = e236,44 Attcf;un~ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this ~ day of ..:J::..;u:::...:..;l "=-----· 19 FORMSS-10 89 ORDINANCE NO.t2n AN . QRQ!I!IANce AME!NO. lNG CHAPTER 11, ARTICLE Ill OF THE CODE OF ORDINANCE$ '.OF THE CITY OF LUBBOCK. 'TEXAS, ENTITLED ''NATIONAL FIRE COOES" BY ADOPTING THE 19118 EDITION OF THE NA- TIONAL FIRE CODES, SAVE AND EXCEPT NFPA 1, AND ADOPTING THE 19118 EOITION OF THE UNIFORM FIRE CODE ;IN· PLACS OF NFPA It CON• •FoRMING SAID 'CHAPTER TO SUCH CODES: PROVIDING A PENALTY; PROVIDING A SAV· INGS CLAUSE: AND PROVIDING :FOR PUBLIC~TION. OROIWINCE NO. 9284 . . A.N ORDINANCE CREATING 'rHE 'POSITION OF CITY MAR· ~~. o.fE~:;, ~~TJsJ',!"Niu,t SECTIONS 26,(141 AND W.004 OF THE LOCAL. GOVERNMENT CODE OF THE STATE OF TEXAS 'AND ARTICLE 11, SECTION SiOF THE TEXAS . CONSTITUTION/ PROVIDING FOR . PERFOR· 'MANCE OF ASSIGNEO DUTIES :tiX ONE OR MORE CITY MAR· $HALS; PROVIDING FOR. PAY · ·FoR ONE OR MORE CITY MAR" ~ $ijALS; A"NO PROVIDING .A SAY· ~N,GSCL~U$£, • ~-· .~·,--r ·.~ .. ' ,L ' ' .. AN ORDINANCE AMEND-. I !NG CHAPTER 27 OF THE CODE ! OF< ORDINANCES OF THE CITY I I?:G L.rJ:~i~o ~E::W :,Mf~ ' VII PERMITTING ANO QEGIJ. . LATING THe UliE OF HORSE II 1011tAWN . 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