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HomeMy WebLinkAbout1999-098ORDINANCENO AN ORDINANCE AMENDING CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE II, DIVISION 2 "BUILDING CODE BOARD", SECTIONS 28-41-28-42, REPEALING ARTICLE III, DIVISION 3 "ELECTRICAL CODE BOARD", SECTIONS 28- 96-28-98, REPEALING ARTICLE IV, DIVISION 3 "PLUMBING AND MECHANICAL BOARD", SECTIONS 28-186-28-190, REPEALING ARTICLE V, DIVISION 2 "PLUMBING AND MECHANICAL CODE BOARD", SECTIONS 28-271-274, AMENDING CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" BY ADDING ARTICLE 10, PROVIDING FOR THE CREATION OF A "CONSTRUCTION ADVISORY AND APPEALS BOARD" TO REPLACE BUILDING CODE BOARD, ELECTRICAL CODE BOARD, AND PLUMBING AND MECHANICAL CODE BOARD, AMENDING CHAPTER 28 `BUILDING AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 28-172, 28-231(f), 28-382, 28-386, 28-426, 28-429, 28-430, 28- 431(a), 28-432(g), 28-434(a), 28-434(b)(3) AND 28-437 BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR PLUMBING AND MECHANICAL CODE BOARD AND BUILDING CODE BOARD, AMENDING CHAPTER 29 "FIRE CODE" CODE OF ORDINANCES CITY OF DENTON, TEXAS BY AMENDING SECTION 29 2 (A)(2) BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR BUILDING CODE BOARD PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 28, Code of Ordinances, City of Denton, Texas `Buildings and Building Regulations" is hereby amended by repealing Article II, Division 2 `Building Code Board, Sections 28-41-28-42, Article III, Division 3 "Electrical Code Board, Sections 28-96-28- 97, Article IV, Division 2 "Plumbing and Mechanical Code Board", sections 28-186-28-190 and Article V, Division 2 "Plumbing and Mechanical Code Board", Sections 28-271-28-274 in their entirety SECTION II That Chapter 28, Code of Ordinances, City of Denton, Texas, is hereby amended by adding Article X "Construction Advisory and Appeals Board" to read as follows ARTICLE X. CONSTRUCTION ADVISORY AND APPEALS BOARD Sec 28-438. Purpose. In order to hear and decide appeals of orders, decisions or determination made by the building official or fire marshal relative to the application and interpretation of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code or National Electrical Code, there shall be a Construction Advisory and Appeals Board The board shall also here any other matters that are appealable pursuant to Chapter 28 Code of Ordinances, City of Denton, Texas Sec 28-439. Created There is hereby created a Construction Advisory and Appeals Board consisting of seven (7) members, each to be appointed by the city council for a term of two (2) years, commencing July 1 of the year appointed A member may be removed for cause by the council after a public hearing All seven members shall serve until their successors are appointed To the extent that persons are available within the city, the board shall consist of one general contractor, one architect or engineer, one person from the plumbing industry, one person from the electrical industry, two individuals who are associated with the construction, development or real estate industry and an additional member All cases shall be heard by a minimum of four (4) members except for when consideration of variances as described in Sec 28-440 (a)(3) are involved, such cases shall be heard by a minimum of six (6) members The building official shall be an ex officio member to this board and shall act as secretary to said board but shall have no vote on any matter before the board Sec. 28-440 Procedures and powers. (a) The Construction Advisory and Appeals Board shall adopt rules to govern its proceedings, provided the rules are consistent with all adopted codes and statutes of the state The board shall (1) Elect a chairperson, who may administer oaths and compel the attendance of witnesses, (2) Hear and determine, by a majority vote of the members, appeals from any decision of the building official or fire marshal made pursuant to Chapter 28 and Chapter 29, Code of Ordinances, City of Denton, Texas after proper notice has been given (3) The concurring vote of 75 percent of the members of the board is necessary to grant variances to any provisions of Chapter 28 and Chapter 29, Code of Ordinances, other than Article IX of Chapter 28, subject to appropriate safeguards, and after a determination by the board that a hardship exists which would be cured by the particular variance sought (4) Maintain Jurisdiction of questions involving Article IX of Chapter 28, Code of Ordinances, as authorized therein (b) The powers of the board are hereby extended so as to authorize the board to make reasonable interpretations or rulings in matters properly before it pursuant to Sec 28-438 (c) The appeal procedure shall be as follows (1) Any person aggrieved by a decision of the building official or inspector under this chapter may appeal such decision or order to the construction advisory and appeals board Every appeal shall be filed in writing within ten (10 days from the date of the decision or order appealed from and shall be filed in duplicate with the building official Such notice shall contain appropriate reference to the decision or order appealed from, as well as the grounds of the appeal It shall be the duty of the building official to notify the chairman of the construction advisory and appeal board and the proper inspector (2) The amount of the fees for appeals shall be set by the City Council by separate ordinance and shall be on file in the office of the building official and the City Secretary (3) The building official shall transmit to the board all relevant records and data upon which the appeal was taken (4) An appeal shall stay all proceedings in connection with the decision or order appealed from, unless and until the proper inspector certifies to the board, after notice of appeal has been filed, that a stay would cause hazard to life or property In such case, proceedings pursuant to the decision or order of the building official shall not be stayed except by order of the board or by a restraining order issued by a court of competent jurisdiction (5) The board shall fix a reasonable time for the hearing of an appeal, giving notice in writing to the parties in interest, and shall reach its decision within three (3) days from the close of the hearing The appellant may appear before the board in person, by agent or by attorney and may present material witnesses The board may require additional data and tests necessary for adequate decision of the appeal and may continue the hearing therefor (6) The board shall have the power in all cases appealed to it from decisions or orders of the building official to reverse or affirm or modify, in whole or in part, the decision or order appealed from No decision of the board shall vary or be inconsistent with the terms or provisions of this article (d) It shall be the duty of the board to make an annual review of the provisions of this chapter and to recommend any necessary changes and/or improvements to the city council This review shall include consideration of suggestions from contractors and the public at large, which may be obtained by means of open hearings as well as through regular channels (e) That any and all references to the Building Code Board, Electrical Code Board, and Plumbing and Mechanical Code Board as may be found in the Code of Ordinances, City of Denton, Texas shall hereinafter be construed to mean the Construction Advisory and Appeals Board for all purposes SECTION III That Section 28-172 of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec 28-172. Appeals from decision of Inspectors. Any person aggrieved by and interpretation of this article or by any ruling or decision by a plumbing inspector may within five (5) days file with the building official a petition in writing requesting a review of the plumbing inspector's decision The building official shall personally determine the facts, and, within a reasonable period thereafter, he shall make a ruling in accordance with his findings His ruling shall be final and binding on all parties, provided, however, that appeal may be taken to the construction advisory and appeal board as provided in this chapter SECTION IV That Section 28-231 (f) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (f) A special ruling necessary to cover future construction or installation not specifically covered by this article shall be made by the plumbing inspector and future construction shall conform to such ruling The ruling shall be effective after approval by the construction advisory and appeals board A copy shall be filed in the permanent records of the chief plumbing inspector SECTION V That Section 28-382 entitled Appeals of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec.28-382. Appeals Any appeal from a decision of the building official under the terms of this article shall be made to the construction advisory and appeals board SECTION VI That Section 28-386 entitled Definitions of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec 28-386. Definitions For the purpose of this article, the following terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the building code Where items are not defined, they shall have their ordinary, accepted meanings within the context with which they are used 28-439 Board means the construction advisory and appeals board of the city created in Section Building code is the building code adopted in section 28-27 Efficiency dwelling unit is a dwelling unit containing only one (1) habitable room and meeting the requirements of section 28-402(c) Mechanical code is the mechanical code adopted in section 28-251 Plumbing code is the plumbing code adopted in section 28-144 Electrical code is the electrical code adopted in section 28-61 SECTION VII That Section 28-426(a)(1) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (1) A heading in the words `Before the Construction Advisory and Appeals Board of the City of Denton, Texas", SECTION VIII That Section 28-426(b) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (b) Processing of appeal Upon receipt of any appeal filed pursuant to this article and receipt of the filing fee, the building official shall present the appeal at the next regular or special meeting of the construction advisory and appeals board SECTIM IX That Section 28-429(a) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (a) Hearing examiners The construction and advisory board may appoint one (1) or more hearing examiners or designate one (1) or more of its members to serve as hearing examiners to conduct the hearings provided in this division The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board for decision SECTION X That Section 28-430 entitled Form of notice of hearing of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec. 28-430. Form of notice of hearing The notice of hearing to the appellant pursuant to this article shall be substantially in the following form, but may include other information "You are hereby notified that a hearing will be held before the Construction Advisory and Appeals Board, at on the day of at the hour of , upon the notice and order served upon you You may be present at the hearing You may be, but need not be, represented by counsel You may present any relevant evidence and will be given full opportunity to cross-examination all witnesses testifying against you You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the Construction Advisory and Appeals Board (or name of hearing examiner) " SECTIO�jXI That Section 28-431(a) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (a) Filing of affidavit The Construction advisory and appeals board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing conducted pursuant to this division upon the request of a member of the board or upon the written demand of any party The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness, specifics the exact things sought to be produced and the materiality thereof in detail to the issues involved and states that the witness has the desired things in his possession or under his control A subpoena need not be issued when the affidavit is defective in any particular SECTION XII That Section 28-432(g) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (g) Inspection of premises The construction advisory and appeals board or the hearing examiner may inspect upon notice to all parties any building or premises involved in the appeal during the course of the hearing SECTIQhJ XIII That Section 28-434(a) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (a) Hearing required In cases where the building official has determined that a building or structure should be demolished, a public hearing before the construction advisory and appeals board shall be held, regardless of whether or not a n appeal from such determination has been filed by any person SECTION XIV That Section 28-434(b)(3) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows (3) A statement that a public hearing will be held before the construction advisory and appeals board on a date and time and a t a place therein specified to determine whether the building should be demolished in accordance with the notice and order of the building official SECTION XV That Section 28-437 entitled Objections to assessment of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows Sec 28-437. Objection to assessment. Any person interested in or affected by an assessment levied against property as a result of any demolition work as provided in this article may file a written protest or objection with the Construction advisory and appeals board, specifically stating the grounds of such objections, the board shall within a reasonable time review the assessment and the grounds for objections and may adjust the amount of such assessment in accordance with any errors made in calculating such assessment SECTION XVI That Section 29-2(A)(2) of Chapter 29 of the Code of Ordinances of the City of Denton is hereby amended to read as follows 2 Section 103 14, entitled Appeals, is amended to read as follows 103.1.4 Board of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, the Construction Advisory and Appeals Board as created and organized under Chapter 28 of the Code of Ordinances shall pass upon all pertinent matters Whenever the Fire Marshal disapproves and application or refuses a permit applied for, or whenever it is claimed that the provisions of the Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed In addition to such Board, the Fire Marshal may request that additional members be appointed for specific rulings or interpretations Such members shall be voting, ex- officio members and appointed by the Chairperson of the Construction Advisory and Appeals Board to assist in the determination and/or ruling of a specific issue or case Such appointments shall be temporary until the ruling is rendered No more than two (2) members shall be appointed, each having experience in the matter in question The board shall adopt reasonable rules and regulations for conducting this investigation and shall render all decisions and finding in writing to the Fire Marshal with duplicate copy to the appellant and may recommend to the City Council such legislation as is consistent therewith SECTION XVII That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby SECTION XVII That if any provisions of this ordinance or application thereof to any person or circumstances is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such invalidity SECTION XIX That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000 00) Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense SECTION XX 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 PASSED AND APPROVED this the day of lXd44,4 / , 1999 JAC ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY J / F \sbared\dept\LGL\Our Docutnents\Ordinances\99\consuucnon advisory board doc