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HomeMy WebLinkAbout1982-092NO ypc:� -/ X AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO FIRE ZONES AND DISPOSITION OF CONSTRUCTION WASTE MATERIALS, REENACTING ARTICLE I, CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS IN ITS ENTIRETY BY ADOPTING THE UNIFORM BUILDING CODE (1979 EDITION) WITH CERTAIN DELETIONS AND AMENDMENTS, PROVIDING A SHORT TITLE, PROVIDING FOR DISPOSITION OF CONSTRUCTION WASTE MATERIALS, PROVIDING FOR ISSUANCE OF BUILDING PERMITS WHERE FLOOD HAZARD EXISTS, REPEALING ARTICLE II, DIVISION I OF SAID CODE OF ORDINANCES RELATING TO THE 1976 EDITION OF THE UNIFORM BUILDING CODE, RENUMBERING ARTICLE II, DIVISION 2 OF SAID CODE OF ORDINANCES AS ARTICLE II, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT HEREWITH, PROVIDING A PENALTY CAUSE AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas is hereby amended by repealing in its entirety Article I of Chapter 5 of said Code and hereby reenacting same to hereafter read as follows ARTICLE I BUILDING CODE Section 5-1 SHORT TITLE This Chapter may be known and cited as the Denton Building Code Section 5-2 ADOPTING UNIFORM BUILDING CODE The Uniform Building Code, 1979 Edition, and Chapter 53 of the 1977 Supplement to the Uniform Building Code, as recommended by the International Conference of Building Officials, copies of which shall be filed with the Office of the City Secretary as Document Nos 2 and 2A, respectively, and be available for public inspection, are hereby adopted and designated as the Building Code of the City of Denton, Texas, the same as though said edition and supplement of such code were copied at length herein, subject to the deletions and amendments enumerated in Section 5-3 hereafter Section 5-3 DELETIONS AND AMENDMENTS The Uniform Building Code adopted by Section 5-2 is hereby amended and changed in the following respects (a) Section 204 Board of Appeals, is deleted and amended to read as follows Building Code Board -Creation There is hereby created a building code board consisting of five (5) members, each to be appointed by the city council for a term of two (2) years, and removable for cause by said council after public hearing Initially, however, all five (5) members shall be appointed for a term to expire coincidently with other city boards, to serve until their successors are appointed To the extent that persons are available within the city, said board shall consist of one (1) general contractor, one (1) architect, one (1) engineer, and two (2) additional members, who shall all reside within the city Provided, however, that the city council may appoint two (2) alternate members of the building code board who shall serve in the absence of one or more of the regular members when requsted to do so by the city manager, as the case may be, so that all cases to be heard by the building code board will always be heard by a minimum number of four (4) members The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years and any vacancy shall be filled in the same manner and they shall be sub3ect to removal the same as the regular members The city council may appoint ex officio members to this board, to have a voice in all matters before it, but who shall have no vote The chief building official shall be an ex officio member of the board 2 Procedure and Powers The board shall adopt rules to govern its proceedings provided that same are consistent with the Code of the City of Denton and statutes of the State of Texas The building code board shall have the same powers and duties on matters concerning Chapter Five of the Code of Ordinances as the board of adjustment has on matters concerning, and arising from, the zoning ordinance, including the following (a) Elect a chairman, who may administer oaths, and compel the attendance of witnesses, (b) Hear and determine, by a four -fifths (4/5) vote of the members, appeals from any decision of the chief building official made pursuant to Chapter Five other than Article IV after proper notice as been given, (c) By a four -fifths (4/5) vote of the members, grant variances to any provision of Chapter PAGE 2 Five, other than Article IV, subject to appropriate conditions and safeguards, and after a determination by the board that a hardship exists which would be cured by the particular variance sought, (d) Maintain jurisdiction of questions involving Article IV of said Chapter as authorized therein (b) Section 304(a), Permit Fees, is deleted and amended to read as follows The fee for each permit shall be as set forth in Table No 3-A The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official The value to be used in computing the building permit fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent equipment (c) Section 304(b), Plan Review Fees is deleted (d) Section 304(c), Expiration of Plan Review, is deleted and amended to read as follows (c) Expiration of Plan Review Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official (e) Table No 3-A, Building Permit Fees, is deleted and amended to read as follows (1) Total Valuation $1 00 to $500 00 $501 00 to $2,000 00 Fee $5 00 $5 00 for the first $500 00 plus $1 00 for each additional $100 00 or fraction thereof, to and including $2,000 00 $2,001 00 to $25,000 00 $20 00 for the first $2,000 00 plus $4 00 for each additional $1,000 00 or fraction thereof, to and including $25,000 00 PAGE 3 $25,001 00 to $50,000 00 $112 00 for the first $25,000 00 plus $3 00 for each additional $1,000 00 or fraction thereof, to and including $100,000 00 $50,001 00 to $100,000 00 $187 00 for the first $50,000 00 plus $2 00 for each additional $1,000 00 or fraction thereof, to and including $100,000 00 $100,001 00 to $500,000 00 $287 00 for the first $100,000 00 plus $1 50 for each additional $1,000 00 or fraction thereof, to and including $500,000 00 $500,001 00 and up $887 00 for the first $500,000 00 plus $1 00 for each aditional $1,000 00 or fraction thereof To establish building permit fees for all new construction and additions, multiply eleven dollars ($11 00) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half To establish building permit fees for all alterations, fire damage, repairs, remodeling, and accessory buildings, multiply six dollars and fifty cents ($6 50) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half (2) Other Inspection Fees (a) Inspections requested and performed before or after normal working hours (minimum charge of one hour) $15 00/hour (b) Reinspection fee assessed under the provisions of Section 305(g) $15 00 each (c) Inspections for which no fee is specifically indicated (minimum charge of one-half hour) $15 00/hour (d) Certificate of Occupancy inspection for other than new buildings $10 00 each (F) Roof covering shall be fire -retardant Fire -retardant treated wood shingles and shakes and untreated wood shingles and shakes shall be prohibited Exception The roof covering on existing dwell- ings and structures with wood shingles and shakes may be repaired with fire -retardant wood shingles and/or shakes The roof covering on additions made to existing dwellings and structures with existing wood shingles and/or shakes may be of fire -retardant shingles or shakes PAGE 4 Skylights shall be constructed as required in Chapter 34 Penthouses shall be constructed as required in Chapter 36 For use of plastics in roofs see Chapter 52 For Attics Access and area, see Section 3205 For Roof Drainage, see Section 3207 Section 5-4 CONSTRUCTION OF SIGNS For construction of any sign or any sign structure, the fee shall be ten dollars ($10 00) Section 5-5 ISSUANCE OF BUILDING PERMIT WHERE FLOOD HAZARD EXISTS A building permit shall be issued only after the building official has determined that the proposed building site is reasonably safe from flooding, or if a flood hazard exists, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (a) Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (b) Use construction materials and utility equipment that are resistant to flood damage, and (c) Use construction methods and practices that will minimize flood damage Section 5-6 DISPOSITION OF WASTE MATERIALS DURING CONSTRUCTION OPERATIONS Waste materials and rubbish shall not be stored nor allowed to accumulate within the building or in the immediate vicinity, but shall be removed from the premises as rapidly as practicable Combustible waste and rubbish shall be removed at least daily No material shall be disposed of by burning on the premises or in the immediate vicinity without permission from the city Dry material or rubbish shall be wetted down, if necessary, to lay dust or prevent it from being blown about PART II That Division 1, Article II, of the Code of Ordinances of PAGE 5 the City of Denton, Texas, heretofore effective, is hereby repealed PART III That Article II of the Code of Ordinances of the City of Denton, Texas, heretofore designated "Building Code" is hereby renamed and designated as "Moving Buildings" PART IV That Division 2 of Article II, Sections 5-16 through 5-24 is hereby renumbered and designated as Division 1, Sections 5-7 through 5-15 PART V That this ordinance shall repeal every prior ordinance and provision of the Code of Ordinances of the City of Denton in conflict herewith and, as to all other ordinances or provisions of said Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative PART VI That if any section, part of section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way effect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect PART VII Any person, firm or corporation violating a provision of this ordinance, or who fails to comply with the terms of a permit or certificate issued hereunder, shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Dollars ($200 00), each and every day that such such violation continues shall constitute a separate and distinct offense and be punishable as such PAGE 6 PART VIII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage �a® PASSED AND APPROVED this the 49 - day of V gww6g ,. , 1982 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 7