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HomeMy WebLinkAboutOrdinance - 2006-O0080 - Amending Chapter 2 Of Code; Add Art. XV1, "Model Codes & Construction Board" - 07/10/2006First. Reading July 10,. 2006 Item Bo. 6.4 ORDINANCE NO. 2006-00080 Second Reading August 10,. 2006 Item Bo. 6.1 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CTIY OF LUBBOCK, TEXAS, TO ADD ARTICLE XVI, ENTITLED "MODEL CODES & CONSTRUCTION ADVISORY BOARD"; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock desires to create a Model Codes & Construction Advisory Board to review and recommend adoption, additions, and amendments to national model codes intended to govern the construction, renovation, use and maintenance of buildings and building systems within the City of Lubbock, including the Building, Fire, Residential, Plumbing, Fuel Gas, Mechanical, Electrical, Energy Conservation and Existing Buildings Codes; and WHEREAS, the City Council recognizes that the adoption and subsequent administration of appropriate national model codes is necessary to provide acceptable levels of public protection and consistency with regard to the construction, renovation, maintenance and use of buildings and building systems as set forth in Article II, Sections 2 and 23 of the Charter of the City of Lubbock and as mandated by various statutes of the State of Texas; and WHEREAS, the City Council further recognizes the impact of such regulations upon a wide range of interests, including the public at-large, homeowners, and the design, construction and business communities, and desires the fair input and consideration of all such interests in the examination and recommendation of said regulations; and WHEREAS, the goal of the Model Codes & Construction Advisory Board is to review the technical provisions of the national model codes proposed by City staff for adoption or amendment, and to then forward its recommendations to the City Council for final consideration and action, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding Article XVI which shall be entitled "Model Codes & Construction Advisory Board" and shall read as follows: "Sec. 2-406. Definitions. For the purposes of this article "the Board" shall mean the Model Codes & Construction Advisory Board of the City of Lubbock, Texas. The "national model codes", for the purposes of this article, are those publications typically developed, promulgated and periodically updated at a national level by organizations made up of industry and government fire and building safety officials through a legislative or consensus process and intended for consideration by units of government as local law. Such codes include, but are not necessarily limited to, the Building Code, Fire Code, Residential Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Energy Conservation Code, and Existing Buildings Code as published by the International Code Council, Inc. (ICC), and NFP A 70 (The National Electrical Code), as published by the National Fire Protection Association. Sec. 2-407. Created. There is hereby created and established a board to be known as the Model Codes & Construction Advisory Board. Sec. 2-408. Members; qualifications; tenure. The Board shall be composed of thirteen (13 ) members, including twelve (12) standing members who shall be appointed by the City Council, and one ( l ) "Technical Alternate" position to be selected by the Board (depending on the subject matter of the proposed amendment or code) from a list of various technical experts recommended by City staff and approved by the Board Members of the Board shall include: (a) An active builder of single and/or two-family housing with Builder membership in the West Texas Homebuilder's Association; (b) An active Texas-licensed architect with membership in the Lubbock Chapter of the American Institute of Architects; (c) A commercial general contractor active in Lubbock; ( d) A current building facilities manager for a major institutional or educational facility within the jurisdiction of the City of Lubbock (Example: University Medical Center, Covenant Health Systems, School District, or facilities of similar use and magnitude); (e) An owner or management company representative of multi-family housing with membership in the Lubbock Apartment Association; (f) An owner or manager of an industrial, manufacturing, or warehouse facility within the City of Lubbock; (g) A Texas-licensed engineer active in the City of Lubbock, with preference given to a structural engineer; (h) A Texas-licensed mechanical, electrical, plumbing (MEP) engineer active in the City of Lubbock; (i) A Texas-licensed HV AC contractor (Class .. A" license) active in the City <?f Lubbock; 2 G) A Texas-licensed master electrician active in the City of Lubbock; (k) A Texas-licensed master plumber, active in the City of Lubbock; (I) An active developer in the City of Lubbock; and (m) A Technical Alternate, who shall be a working representative of the trade or profession directly affected by the particular area of the code provisions under consideration at the time, with preference given to individuals representing the requisite local trade or professional organization/association. In order to ensure appropriate representation of the broadest possible cross-section of the community, every attempt will be made to limit dual representation of any organization, business entity, trade group, or profession among the Board members, except as specifically set forth in the member qualifications. No two members of the Board shall be employed by nor have financial interests in the same organization. Areas of technical expertise for the Technical Alternate position include, but are not necessarily limited to, life safety, fire protection, plumbing, electrical, mechanical, structural, and general building (non-structural). Where appropriate, depending upon the code provision(s) under consideration, the technical alternate shall be drawn from the one and two-family construction sector or the commercial construction sector. Initially, four members shall be appointed to two (2) year terms, four members shall be appointed to three (3) year terms, and four members shall be appointed to four (4) year terms. Future appointments shall be for a term of three (3) years or the remainder of an unexpired term. All members appointed shall be resident citizens of Lubbock or representatives of the City of Lubbock business community at the time of their appointment and during their term of office. Subsequent to the appointment of the first standing members, the Board shall elect from their membership a Chairperson and Vice-chairperson. The Chief Building Official and the Fire Marshal, or their designees, shall serve in an advisory capacity as ex-officio members of the Board. Sec. 2-409. Conduct of Meetings; Quorum. Board meetings will be held as necessary when presented with a staff or Board proposal to adopt or amend one or more model codes. A simple majority shall constitute a quorum; however, no action to determine the Board's final recommendation to Council shall be taken without the appropriate technical alternate represented. The Board will make every effort 3 to invite testimony from all affected parties and technical experts before voting to recommend adoptions or amendments to the codes. A majority vote of the quorum shall be required for any action to be taken by the Board. Standing Board members and the technical alternate shall be voting members. Staff liaison members are advisory only. Sec. 2-410. Scope of Duties; Responsibilities. The Board is charged with the responsibility to review the technical provisions of the national model construction codes periodically proposed by City staff for adoption or amendment, and to forward its' recommendations to the City Council for final consideration and action. In addition, the Board is charged with the review and recommendation of proposed changes to fee schedules potentially impacting the construction industry. In perfonning its duties, the Board shall solicit and give due regard to the input of affected parties, including those not associated with the construction industry, subject-matter experts, and particularly City staff charged with the administration of the regulations under consideration. The Board shall also solicit input and assistance through available trade organizations and professional associations representing the technical areas governed by the model code requirements under consideration. Where not otherwise prohibited by law, the Board may consider local amendments to the national model codes, whether proposed by City staff or other parties. In considering any such amendments, the Board shall use the national model codes as a baseline, and shall exercise appropriate due- diligence, as well as compliance with any Federal or State mandate to adopt or maintain a certain code. In deliberating the appropriateness of local amendments, due regard shall be given to the potential effect on the public health and safety, the continued maintenance and long-term viability of the City's building stock, the impact on economic development and housing affordability, the maintenance of parity and equity with other jurisdictions, and the potential effects on insurance ratings. Local amendments that may be construed as reducing safety levels below that established by the un-amended model codes, as determined by appropriate City staff, shall be accompanied by the Board's comments when forwarded to the City Council for final consideration. The City official charged with the administration of the amended provision may prepare a full report and recommendation to the City Council. Sec. 2-411. Vacancies; removal. 4 If, for any reason, any of the members of the Board shall be unable to act, or shall resign from their respective positions, or shall be removed for any cause, then the City Council shall appoint a successor or successors who shall fill out the unexpired term, or until respective successors shall be appointed. Any appointed member of the Board may be removed as a member by a majority of the City Council. Sec. 2-412--2-438. Reserved." Section 2. THAT should any paragraph, sentence, clause, phrase or work of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby Section 3. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this !_0th day of July, 2006. Passed by the City Council on second reading this 10th day of August, 2006. =z>$N4--- DA VID A. MILLER, MAYOR ATTEST: ~~~ , s,,.,,.,.QIIL City Manager Develo ment Services APPROVED AS TO FORM: ~ -~c=::K ~ ~ -&. Linda L. Chamales, Senior Attorney Office Practice Section Le: city att/Linda/Model Codes and Construction Advisory Bd final 8-10-06 August I 0, 2006 s