HomeMy WebLinkAboutOrdinance - 2005-O0013 - Amending Chapter 6, Article II With Regard Building Board Of Appeals Membership - 01/27/2005First Reading
January 27,2005
Item No. 24
ORDINANCE NO. 2005-oool3
Second Reading
February 10, 2005
Item No. 14
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
:MEMBERSHIP OF THE BUILDING BOARD OF APPEALS; PROVIDING AN
EFFECTIVE DATE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, deems it to be in the
best interest of the citizens of the City of Lubbock to amend the membership of the
Building Board of Appeals to provide for electrical trade representation and to increase
efficiency through consolidation of the Building Board of Appeals and the Board of
Electrical Examiners; NOW THEREFORE:
BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. THAT Section 6-19 of the Code of Ordinances, amending Section
105 of Chapter 1 of the Uniform Building Code, is hereby further 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 or more representatives from the following named areas of
expertise:
(1) A member of the West Texas Home Builders Association;
(2) An active architect;
(3) An active structural engineer;
(4) An active commercial contractor;
(5) An active realtor;
( 6) An active master plumber;
(7) An active master electrician;
(8) An active mechanical contractor with a class A license; and
(9) Three (3) Lubbock citizens.
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. Consistent with the membership
set forth above, the presently constituted board 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 reconunend 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 the substitution of
alternate systems from those provided in the adopted building, plumbing,
fuel gas, mechanical, energy conservation, fire prevention and electrical
codes (unless superceded by the State of Texas Electrical Code).
105.4 Hearings. Application for hearings shall be as follows:
(1) The owner of an existing building which does not constitute a
public nuisance as declared in Section 1 02 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 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 the board be empowered to waive requirements of this code.
SECTION 2. THAT this Ordinance shall be effective from and after the date of
its final passage by the City Council of the city of Lubbock.
SECTION 3. 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 4. 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 as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of January 2005.
Passed by the City Council on second reading this lOth day of February 2005.
ATTEST:
APPROVED AS TO CONTENT:
(
APPROVED AS TO FORM:
ccdocslbuildingboardofappealsmembership.ord
January 3, 2005
TOM MARTIN, MAYOR PROTEM