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
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