HomeMy WebLinkAboutOrdinance - 5462-1968 - Repealing Chpt. 33A Of Code; Being The Warm Heating Code - 05/09/1968I.
___ Amend OTdinance 5462 with ----==;;:;;;;;::::;:::::::;===~· Ordinance No. 6270
OTdinance No. 5462 amended b
OTdinance No. 5519. y = ORDINANCE NO. 5462
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AN ORDINANCE REPEALING CHAPTER 33A OF THE ~E ~&DINANCES,
CITY OF LUBBOCK. TEXAS. (BEING THE WARM AIR HEATING CODE);
PROVIDING FOR THE ADOPTION OF THE 1967 EDITION OF THE UNIFORM
MECHANICAL CODE, VOLUME II, AS COPYRIGHTED IN 1967 BY THE INTER-
NATIONAL CONFERENCE OF BUILDING OFFICIALS OF PASADENA, CALIF-
<E.NIA AND INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICA
OFFICIALS OF LOS ANGELES, CALIF<ENIA. WITH CERTAIN AMEND:MENTS
THERETO; PROVIDING THAT THE TERM "BUILDING OFFICIAL" AS USED IN
THE UNIFORM MECHANICAL CODE, 19 67 EDITION AS ADOPTED SHALL MEA
THE BU:U,.DING INSPECTOR OF THE CITY OF LUBBOCK OR HIS AUTHORIZED ,
REPRES:jNTATIVE; PROVIDING THAT THE BUILDING INSPECTOR SHALL 1
HAVE AUTHORITY OF DETERMINING WHETHER THE RULES AND STAND-
ARDS OF THE CODE HAVE BEEN COMPLIED WITH; PROVIDING A SEVER-
ABILITY CLAUSE; DIRECTING PUBLICATION OF THE DESCRIPTIVE CAP-
TION OF THIS ffiDINANCE TOOETHER WITH THE PENALTY PROVISION OF
THE UNIFORM .MECHANICAL COOE, 19 67 EDITION AND PROVIDING AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHER.EAS, the City Council of the City of Lubbock has found that the
present Warm Air Heating Code of the City of Lubbock has become obsolete and
inadequate; and
WHEREAS, the City Council appointed a Mechanical Code Study Com-
mittee to prepare recommendations for the City Council in regards to a mod-
ern mechanical Code (Heating. Ventilating and Air Conditioning); and,
WHEREAS, the Mechanical Code Study Committee recommends the
Uniform Mechanical Code, 19 67 Edition, with certain amendments thereto,
be adopted as the Mechanical Code of the City of Lubbockj NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT Chapter 33A of the Code of Ordinances of the City of
Lubbock,. Texas (being the Warm Air Heating Code) be and the same is hereby
repealed.
SECTION 2. THAT the 1967 Edition of the Uniform Mechanical Code,
Volume II as copyrighted in 1967 by the International Conference of Building
Officials, Pasadena, California and the International Association of Plumbing
and Mechanical Officials of Los Angeles, Califor.nia, as herein after amended.
is specifically adopted as the Mechanical Code of the City of Lubbock, Texas
and a copy is attac~ed hereto and incorporated herein by reference as though
set out completely in detail. A copy of said Uniform Mechanical Code shall be
filed with the City Secretary and a copy maintained in the office of the Building
Inspector of the City of Lubbock, Texas, all such copies to be open to public
inspection during business hours of the offices where they are maintained, with
the following amendments thereto:
...
(1) That the second paragraph of Section 202, Chapter 2, of the
Uniform Mechanical Code, 1967 Edition, shall hereafter read as follows:'
"Any person, firm or corporation violating any provisions of
this code shall be deemed guilty of a misdemeanor, and each
such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any viola-
tion of any of the provisions of this Code is c.ommitted, contin-
ued, or permitted, and upon conviction of any such violation such
person shall be punishable by a fine of not more than $200. 00. 11
(2) That Section 203, Chapter 2, of the Unilorm Mechanical Code,
1967 Edition, shall hereafter read as follows:
"In order to determine the suitability of alternate materials and
types of construction and to provide for reasonable interpreta-
tions of the provisions of this Code, there shall be and is hereby
created a Board of Appeals, consisting of six members who are
qualified by experience and training to pass upon matters pertain-
ing to building construction. 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 appointing authority
and shall hold office at his pleasure. The Board shall adopt
reasonable rules and regulations for conducting its investigations
and shall render all decisions and findings in writing. 11
(3) That paragraph_! of Section 704, Chapter 7, of the Uniform Mech-
anical Code, 1967 Edition, be amended to read as follows:
"In any room or space less than eight inches (811) wider than
the furnace or furnaces installed therein with all other clear-
ances to be as recommended by the manufacturer of the furnace
installed. 11
(4) That Section 706 (b), Chapter 7, of the Uniform Mechanical Code,
1967 Edition, be amended to delete the paragraph marked
EXCEPTION.
(5) That Section 1002 (C), Chapter 10, of the Uniform Mechanical
Code, 1967 Edition, be amended to read as follows:
{
1C) 'METAL: Every factory produced duct section and fittings
shall be marked with the manufacturer and the .gage and type
of metal.
{6) That table 10-D, Chapter 10, of the Uniform Mechanical Code,
1967 Edition, be amended by substituting "B" for "A11 on lines
indicating "Attics" and 11 Between floor spaces, Under floor
spaces, and basements. 11
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SECTION 3. The term "Building Official" as used in the Uniform Mech-
anical Code, 19 67 Edition, as adopted shall mean the Building Inspector of the
City of Lubbock or his authorized representative.
SECTION 4. Whenever in the Uniform Mechanical Code, 1967 Edition,
as adopted, it is provided that anything must be done to the approval of or sub-
ject to the direction of the Building Inspector, this shall be construed to give
such officer only the discretion of determining whether the rules and standards
established by this code have been complied with; and no such provision shall
be construed as giving any officer discretionary powers as to what such regu-
lations or standards shall be, or power to require conditions not prescribed
by the code or to enforce code provisions in an arbitrary or discriminatory
manner.
SECTION 5. Should any section, paragraph, sentence, clause, phrase,
or word of this Ordinance be declared unconstitutional or invalid for any purpose
the remainder of this Ordinance shall not be effected thereby.
SECTION 6. The City Secretary is hereby authorized and directed to
cause the publication of the descriptive caption of this Ordinance together with
the penalty provision of the Uniform Mechanical Code, 1967 Edition" as amended,
this Ordinance shall become effective ninety (90) days after the second publica-
tion there of.
AND IT IS SO ORDERED.
Passed by the City Council on first rea__,..-"""'".