HomeMy WebLinkAboutOrdinance - 7170-1975 - Amending Article VII Of Ch. 12 By Adding A New Section 12-82.1 - 10/22/1975KJ/dw
ORDINANCE NO. 7170 ----
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK BY AMENDING ARTICLE VII OF CHAPTER 12
THEREOF BY ADDING A NEW SECTION 12-82. 1 PROVIDING FOR AMEND-
MENT OF THE LIFE SAFETY CODE VOLUME OF THE NATIONAL FffiE
CODE; AMENDING CHAPTER 5 (BEING THE BUILDING CODE) BY
AMENDING SECTION 5-2 THEREOF BY AMENDING SECTION 204 OF
THE UNIFORM BUILDING CODE TO PROVIDE FOR ALTERNATE SYS-
TEMS FOR REGULATING THE ALTERATION. CHANGE. CONVERSION
OR REPAIR OF AN EXISTING BUILDING; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, there are buildings within the City which from time to
time need to be altered, changed1 converted or repaired; and
WHEREAS1 all buildings or structures do not constitute a ·pJ,lblic
nuisance as defined in Sec. 203 of the Building Code; and
WHEREAS., buildings or structures which do not constitute a public
nuisance but may otherwise constitute a danger to human life if permitted
to be occupied or used and should be altered, changed, converted or
repaired to conform with the Building Code, and the National Fire Code
or o ther pertinent ordinances of the City of Lubbock before a Certificate
of Occupancy can be issued; and
WHEREAS, in cases of practical difficulty or unnecessary hardship,
exceptions from the Building Code and the National Fire Code or other
governing Ordinances should be made; and
WHEREAS, the City Council finds that in such instances of practical
difficulty or hardship a mechanism is needed to determine alternate
systems which may be substituted without sacrificing reasonable life
sa~ety against the hazards of fire, explosion and panic: NOW THEREFORE:
I
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article VII of Chapter 12 of the Code of Ordinance .,
City of Lubbock, entitled the 11National Fire Code11
, BE and is hereby amen-
ded by adding thereto a new Section 12-82. 1 which shall read as follows:
''SEC. 12-82.1. SAME-AMENDMENTS.
Section 1-4 of Volume 101, The Life Safety Ccaie of the
1971-72 Edition of the Nation Fire Code, BE and is
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hereby amended by adding a new paragraph to sub-
section 1-4111, which shall read as follows:
"Provided, however, alternate provisions may be
authorized in accordance with Section 204 of the
Uniform Building Code of the City of Lubbock,
as a:mended. 11
SECTION 2. THAT Section 5-2 of Chapter 5 of the Code of Ordinance ,
City of Lubbock (Being the Building Code)., BE and is hereby amended by
amending Section 204 of Chapter 2 of the Uniform Building Code 1973
Edition by adding thereto a new paragraph which shall read as follows:
11 The Board of Appeals, as created and constituted above ,
shall have the authority and ls vested with the jurisdiction
to hear and determine requests for substitution of alter-
nate systems from that provided in this Building Code,
the National Fire Code as adopted in Article VU of
Chapter 12 of the City Code, or other governing ordinances
in cases of practical difficulty or unnecessary hardships
when it is clear~y evident that reasonable safety is thereby
secured. The Board, after such hearing., shall make
such reco·mmendations to the City Council as it may deem
advisable. The final determination of the approval or
denial of such alternate systems shall be by the City
Council. Application for such hearings shall be as
follows:
(1) The owner of an existing building which does
not constitute a public nuisance as declared in Sec.
20 3 of the Building Code, but may otherwise cons-
tltute a danger to human life if permitted to be
occupied or used unless altered, changed., con-
verted or repaired in conformance with the Building
Code, National Fire Code or other pertinent gov-
erning Ordinances of the City of Lubbock, 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 Inspector,
for a recommendation as herein provided of subs-
titution of an alternate system to that required by
the various pertinent Codes and Ordinances.
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(2) Each applicant shall, upon making such appli-
cation~~ 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 Ordinance.
SECTION 3. THAT should any section, paragraph, sentence~~ ciause,
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 to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 5. THAT this Ordinance shall become effective on the
15th day of November , 197..:5:....__·
AND IT IS SO ORDERED.
Passed by the Council on first reading this 22 day of. ____ o_c_t;..;o;..;b;.;;;e.;..r ___ .-..:
1975. -
Passed by the Council on second reading this 23rdciay of. ___ oc_t_o_b_e_r ___ ~
1975. Jis.b
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