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1986-1861536L NO~ AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR ADOPTION OF THE UNIFORM BUILDING CODE, 1985 EDITION, PROVIDING FOR AMENDMENTS THERETO, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATION THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A REPEALER CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Article I of Chapter 5 of the Code of Ordinances is amended to read as follows ARTICLE I Section 5-1 Short Title BUILDING CODE This article may be known and cited as the Denton Building Code Section 5-2 Adoption of Uniform Building Code The Uniform Building Code, 1985 Edition, as recommended by the International Conference of Building Officials, a copy of which shall be filed with the office of the City Secretary as Document No 2 and be available for public inspection is hereby adopted and designated as the Building Code of the City of Denton, Texas, the same as though said edition 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 amended as follows 1 Section 204, Board of Appeals, is amended to read as follows [NOTE TO CODIFIER--FOLLOWING LANGUAGE OF SECTION UNCHANGED] Building Code Board--Creation There is hereby create a uil ding code oar consisting of five (5) members, each to be appointed by the city council for a term of two 2) years, and remov- able 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 general contractor, one architect, one 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 requested 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 subject 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 Same--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 has been given, c By a four-fifths (4/5) vote of the members, grant variances to any provision of Chapter 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 2 Section 301(a), Permits, is amended to read as follows Permits Re uired Except as specified in suGsection LbJ of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official, provided, however, that the building official may issue a single building permit for an apartment complex consisting of one or more buildings PAGE 2 3 Section 304(c), Plan Review Fees, is deleted 4 Section 304(d), Ex 1ration of Plan Review, is amended to read as ollows Application 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 5 Section 304(f)(3), Fee Refunds, is amended to read as follows The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment 6 Table No 3-A, Building Permit Fees, is amended to read as follows [NOTE TO CODIFIER--FOLLOWING TABLE UNCHANGED] a Total Valuation Fee $1 to $500 $5 $501 to $2,000 $5 for the first $500, plus $1 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $20 for the first $2,000, plus $4 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $112 for the first $25,000, lus $3 for each additional 1,000 or fraction thereof, to and including $100,000 $50,001 to $100,000 $187 for the first $50,000, plus $2 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $287 for the first $100,000, plus $1 50 for each addi- tional $1,000 or fraction thereof, to and including $500,000 $500,001 and up $887 for the first $500,000, plus $1 for each additional $1,000 or fraction thereof To establish building permit fees for all new construction and additions, multiply eleven dollars ($11 00) by the total square footage, PAGE 3 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 fifty cents ($6 50) by the total square footage, enter that valuation into the above schedule and then increase the results by one-half b Other Inspection Fees (1) Inspections requested and performed before or after normal working hours (minimum charge of one hour), per hour $15 00 (2) Reinspection fee assessed under the pro- visions of Section 305(g), each $15 00 (3) Inspections for which no fee is specifi- cally indicated (minimum charge of one- half hour), per hour $15 00 (4) Certificate of occupancy inspection for other than new buildings, each $18 00 Section 503d, Fire Ratings for Occu anc Separations, Exception Item 3, is amended to read as follows (3) In the one-hour occupancy separation between a Group R, Division 3 and M Occupancy, the separation may be limited to the installation of not less than one-half inch thickness gypsum board construction on the garage side and a weather-stripped door will be permitted in lieu of a one-hour fire assembly Fire dampers shall not be required in ducts piercing this separation for ducts constructed of not less than No 26 gauge galvanized steel 8 The second paragraph of 511(a), Access to Water Closets, is amended to read as follows Where toilet facilities are provided on any floor where access by the physically handi- capped is required by Table No 33-A, at least one such facility for each sex shall comply with the requirements of this section Separate facilities shall not be required in retail stores and office-type occupancies hav- ing not more than 15 employees Except in dwelling units and guest rooms, such facili- ties must be available to all occupants and both sexes All doorways leading to such toilet rooms shall have a clear and unobstruc- ted width of not less than 32 inches Each such toilet room shall have the following Section 705, Light Ventilation and Sanitation, is amended by adding t e following EX EPT ON between the fourth paragraph and the fifth paragraph PAGE 4 EXCEPTION Retail stores and office-type occupancies having not more than 15 employees shall provide at least one water closet 10 Section 709(c), Construction, is amended to read as follows Construction Construction shall be of non- combustible materials Open parking garages shall meet the design requirements of Chapter 23 Ramp-access open parking garages in which motor vehicles are parked above ground level shall be provided with steel or concrete guardrails not less than twenty-four (24) inches in height and designed to withstand a static load of six (6) tons applied at any point on the guardrail Such guardrails shall be located and adjacent to all outer walls and along the periphery of all above ground level open decks, floors and roofs used for parking Mechanical-access parking garages shall be provided with curb guards not less than eight (8) inches in height approximately three (3) feet from the outer edge of each above ground level deck Ground level parking areas shall be provided with wheel guards not less than six (6) inches in height so located as to prevent automobiles from encroaching on adjacent public or private property 11 Chapter 17 is amended by adding a new Section 1717 to read as follows Section 1717, finer Conservation in New Building Construction Listed below are minimum requirements for control of air infiltration a Exterior bottom plates must be sealed with construction adhesive or caulking b Door and window frames must be sealed and caulked c All exterior wall penetrations, (pipes, etc ) must be sealed and caulked d All holes or spaces in top plates must be sealed e All exterior walls must be insulated with insulation having a minimum Rll value f Attic areas must be insulated with insulation having a minimum R19 value g No cracks shall be permitted in exterior wall sheathing All points in sheathing not over solid framing shall be sealed with materials to stop air infiltration 12 Section 2506(h), Lateral Support, is amended to read as follows PAGE 5 Lateral Support Solid-sawn rectangular lum er eams, -rafters and joists shall be supported laterally to prevent rotation or lateral displacement in accordance with the following If the ratio of depth to thickness, based on normal dimensions, is a Two to 1, no lateral support is required b Three to 1 or four to 1, the ends shall be held in position, as by full-depth sold blocking, bridging, nailing or bolting to other framing members, approved hangers or by other acceptable means c Five to 1, one edge shall be held in line for its entire length or by other acceptable means d Six to 1, bridging, full-depth solid blocking, cross bracing installed at intervals not exceeding 8 feet unless both edges are held in line or by other acceptable means e Seven to 1, both edges shall be held in line for their entire length or by other acceptable means 13 Section 3201 is amended to read as follows Roofs shall be as specified in this code and as otherwise required by this chapter Untreated or fire-retardant treated wood shingles or shakes shall be prohibited EXCEPTION The roof covering on existing wellings and structures with wood shingles and shakes may be repaired with factory treated fire-retardant wood shingles or shakes The roof covering on additions made to existing dwellings and structures with existing wood shingles or shakes may be of factory treated fire-retardant shingles or shakes 14 Section 3306(c), Rise and Run, is amended to read as follows The rise of every step in a stairway shall be not less than four (411) inches nor greater than seven and one-half (7 1/211) inches Except as permitted in Subsections (d) and (f), the run shall be not less than ten (1011) inches as measured horizontally between the vertical planes of the furthermost projection of adjacent treads Except as permitted in subsections (d), (e) and (f), the largest tread run within any flight of stairs shall not exceed the smallest by more than three eighth (3/811) inch The greatest riser height within any flight of stairs shall not exceed the smallest by more than three eighth (3/8") inch PAGE 6 EXCEPTION Where the bottom riser adjoins a sloping public way, walk or driveway having an established grade and serving as a landing, a variation in height of the bottom riser of not more than 3 inches in every 3 feet of stairway width is permitted 15 Section 4305(a), General, is amended by deleting therefrom the second paragraph Section 5-4 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 5-5 - 5-6 Reserved SECTION II Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION III That if any section, clause, phrase or word in this to any person or circumstance competent jurisdiction, such validity of the remaining por City Council of the City of would have enacted such rem; invalidity subsection, paragraph, sentence, ordinance, or application thereof is held invalid by any court of holding shall not affect the tions of this ordinance, and the Denton, Texas, hereby declares it lining portions despite any such SECTION IV That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force PAGE 7 SECTION V 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 h day of 1986 RAY S P ENS, MAYOR CITY DENTON, TEXAS ATTEST 2 2 CHARLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY nj L 1 h 1 T~~n 0 PAGE 8