HomeMy WebLinkAboutOrdinance - 9132-1987 - Ordinance Including Trench Evacuation Requirements In The Building Code - 10/06/1987First Reading
October 6, 1987
Agenda Item #22
Second Reading
October 22, 1987
Agenda Item #8
JWF:dw ORDINAN:E !D. _ __,;;9.,..1 __ 32;;;;.._ __ _
AN ORD!Nl-\N:E DC:,Wm:; TmH:H EXC'AVATION ~ IN THE
BUILDDG ODE OF THE CITY OF LUBBCXl{ IN ACCX>RDMl:!E wrm mx:ENTLY PASSED
srA'I'E LAW1 P.ROVIDIN3 TREY:11 SAFmY stSI'F>JS EXC'AVATION PERMITS wrmIN THE
CITY AND IN THE ElTRATERRI'lORI LIMITS OF THE CITY; PROVII>Im FOR
INSPEX:m'.ON1 P.ROVIDDG FOR ~ CORRrol'ION AND APPEAL WITH
RESPJ!C.f ro ~ DECISIONS; DEFININ3 A NO~ UNDER THIS
ORDINAN:E; PRESCRIBim A PENAL'.fi, FEES FOR PERMITS, SAVDGS CLruJSE AND
PUBLICATION.
WBERFAS, Bouse Bill No. 665 passed at the 70th Legislature Regular
Session of the state of Texas and approved by the Governor on June 19,
1987, becoming effective on August 31, 1987, according to the office of
the secretaey of state, which state statute requires mmicipalities to
include certain requirements in their respective building codes with
respect to trench excavation safety systems in accordance with federal
standards as herein set forth in the body of this ordinance, and the City
Council of the City of LUbbock finds it in the p.iblic interest to c:ouply
with state law in such respects7 !Dv' TBEREFOim:
BE IT ORDAINED BY THE CITY <nll:CIL OF THE CITY OF UJBBX:Ks
SECrION 1. THAT Chapter 6 of the Code of Ordinances of the City of
lilbbock is hereby amended by adding eight new Sections thereto to be
designated Sections 6-4, 6-5, 6-6, 6-7, 6-8, 6-9, 6-10, and 6-11, wbicb
shall read as follows:
•section 6-4. 'i'ROCH EXCAVATION REOUIREMENTS
Eveey person, firm or corporation contracting with a contractor
on a construction project, in which there is involved any trench
excavations which will exceed a depth of five feet, shall include
with the bid docu:nents and contract for such construction projects,
detailed plans and specifications for trench safety systems that
:u:eet the 0:cupational safety and Health Administration Standards of
the united states Government. such plans and specifications shall
include a pay item for these sane safety systems. 'lbis regulation
applies to all bid documents and contracts for construction
projects located within the City limits of the City of LUbbock
and/or located within five miles of the City limits of the City of
LUbbock (being the extraterritorial limits jurisdiction of the City
of Lubbock as provided in Article 970A, Vernon's Texas Civil
statutes, and as further set forth in Section 42.021(5) of the
Texas Local Government Code) a copy of such bid documents and
contract containing the detailed plans and specifications for
trench safety systems as above required, shall be filed by the
person, firm or corporation contracting with the contractor on the
construction project with the office.of the Building Official of
the City of lilbbock, and approved by such Building Official prior
to the start of actual construction on such project. The contrac-
tor on the construction project shall complete the trench safety
systems herein required in accordance with plans and specifications
complying with the O::X:upational Safety and Health standards of the
United States Government.•
•section 6-5. PERMITS WITHIN 'l'HE CITY LIMITS
Any person, firm, or corporation causing trench excavations
exceeding five feet in depth to be done in comection with
construction projects located within the City limits of the City of
Iilbbock, shall apply for a permit for such excavations. such
application shall be in writing, and shall set forth detailed plans
and specifications for the trench safety system for such excava-
tions which meet the Occupational Safety and Health Administration
standards of the United States Government. such plans and specifi-
cations shall be approved by the Building Official of the City of
Lubbock or his designated representative and requisite fees shall
be paid as hereinafter provided in section 6-ll hereof prior to the
issuance of the pemit for excavation or the start of such actual
excavation on such construction project.•
•section 6-6. PERMITS wr.rBIN EKTRATERRI'l"OR JORIS>IC!'ION
Any person, firm, or corporation causing trench excavations
exceeding five feet in depth to be done in connection with
construction projects located within the extraterritorial
jurisdiction of the City of Lubbock, shall apply for a pemit for
such excavations. such application shall be in writing, and shall
set forth detailed plans and specifications for the trench safety
system for such excavations which meet the Occupational Safety and
Health Administration standards of the United States Goverrment.
Buch plans and specifications shall be approved by the Building
Official of the City of Lubbock or his designated representative
and requisite fees shall be paid as hereinafter provided in section
6-ll hereof prior to the issuance of the pemit for excavation, or
the start of such actual excavation on such construction project.•
•section 6-7. INSProrIQNS
After the issuance of the excavation permit, in accordance with
section 305 of the Uniform Building Code as amended by section 6-24
of the Lubbock City Code1 such inspections shall be nade as the
Building Official or his designated representative deem sufficient
to assure compliance with the trench safety system standards of the
O::X:upational Safety and Health Administration of the United States
Goverrm:ent, and such inspection procedure shall, as near as
practicable, follow-the procedure as set forth in Section 305 of
the Uniform Building Code as amended by Section 6-24 of the City of
I.d)bock Code.•
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•Section 6-8. REXlUlREMENl'S FOR CX14PLIA!Pi AND APPFAL
If such excavations are found by the Building Inspection
Department of the City of LUbbock to be in violation of the
approved plans and specifications DE!eting Occupational Safety and
the Health Administration Standards, then the Building Official or
his designated representative shall notify the holder of the
excavation permits, at the job site, in accordance with Section 305
of the uniform Building Code as amended by Section 6-24 of the City
of LUbbock Code. If any person, f iim, or corporation, being the
holder of such excavation permit, disagrees with the decision of
the Building Official or his designated representative, an appeal
may be filed appealing such decision in writing with the Building
Inspection Department within thirty (30} days of the date of such
decision being appealed to the Board of Appeals as established by
Section 6-19 of the City of LUbbock Code.•
"Section 6-9. mumai
Any excavation which renains in violation and fran which no
appeal bas been taken as above set forth in Section 6-8, or any
excavation which does not comply with the reformed or m:xlified
decision entered on appeal after the entry of such reformed or
modified decision, is hereby declared to be a dangerous condition
to human life and safety, and is declared to be a plbl.ic nuisance
and shall be forthwith abated, and if not so abated, if such
excavation is located within the City limits or within 5000 feet of
the City limits, then the City Attorney, pursuant to SUbdivision 19
of Article 1175, V.A.C.s., is hereby authorized to seek injwictive
relief in any of the District Courts of Lubbock, County, i"exa.s to
prohibit maintenance of said nuisance and require its abaterrent.
Any person, firm, or corporation maintaining such a nuisance is
guilty of a misdemeanor subject to plilishnelt pursuant to Section
6-20 of the Code of Ordinances of the City of Lubbock, and is
subject to prosecution."
"Section 6-10. PE;NM,TY
Any person, firm, or corporation violating any provision of
sections 6-4, 6-5, 6-7, or 6-8, hereof within the City limits of
the City of Lubbock, shall upon conviction be fined as provided in
Section 6-20 of the Code of Ordinances of the City of LUbbock. Any
person, firm, or corporation violating any provision of Section 6-9
hereof within the City limits of the City of LUbbock or within 5000
feet fran said City limits, shall upon conviction be fined as
provided by Section 6-20 of the Code of Ordinances of the City of
Lubbock. No pa.rt of this penalty section shall ai;,ply to violations
hereof in the extraterritorial jurisdiction of the City of LUbbock
(which extends to five miles from the City limits} except those
violations of section 6-9 which are subject to a fine upon
conviction if such violations occur within 5000 feet of the City
limits of the City of LUbbock (which 5000 feet area forms a pa.rt of
the extraterritorial jurisdiction of the City of Lubbock}."
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•Section 6-ll. PERMIT FEES
The fee for a permit under Section 6-5 hereof for trench safety
systems excavation within the City limits of the City of Lubbock
shall be in accordance with the building permits fee schedule as
adopted by City Council and periodically adjusted pursuant to
Ordinance No. · 8248. A list of the fees shall be filed with the
City Secretary and with the Building Official. All excavation
per:mit fees shall be submitted at tine of acquiring per:mits.•
SEX!TION 2. THAT if any provision of this ordinance is judicially
held to be unconstitutional or invalid, such holding shall not in any
manner affect the validity or constitutionality of the remaining
provisions of this Ordinance.
SEX!TION 3. THAT the City Secretary shall cause the publication of
the caption and penalty clause of this ordinance as an alternative method
of publication as provided by law.
Passed by -the City Council on first reading this 6th day of
October , 1987.
Passed by the City Council on second reading this __.2 .... 2n...,.d._ __ day of
October , 1987.
Be ·tam, Assistant City
Man~~r for Developmntal Services
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