1982-092AN 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
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
Th~s Chapter may be known and cited as the Denton Building
Code
Section 5-2 ADOPTING UNIFORM BUILDING CODE
The Uniform Butldzng 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 Off~ce 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
Sec,tion 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
1 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 colncidently with other city board~, 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) add~tional 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 subject to
removal the same as the regular members The
city council may appoint ex off~cio 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 off~cio
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 witnesse~,
(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,
(o) By a four-fifths (4/5) vote of the members,
grant variances to any provision of Chapter
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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 permlt shall be as set forth ~n
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 ~n
computing the building permit fee shall be the
total value of all constructlon work for which the
permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating,
air conditlon~ng, elevators, fire-extinguishing
systems and any other permanent equipment
(c) Section 304(b), Plan Review Fees ~s deleted
(d) Section 304(c), Exp~ration 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, ~s deleted and
amended to read as follows
(1) Total Valuation Fee
$1 00 to $500 00 $5 00
$501 00 to $2,000 00 $5 00 for the flrst
$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 ~ncluding $25,000 00
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$25,001 00 to $50,000 00 $117 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 $l 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) Retnspectlon 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 flre-retardant Flre-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 shlnqles 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
Chapter 34
Penthouses shall be constructed as required in
Chapter 36
For use of plastios ~n roofs see Chapter 52
For Attics Access and area, see ~ection 3205
For Roof Drainage, see Sect[on 3207
Section 5-4 CONSTRUCTION OF SIGNS
For oonstruotion 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 s~te is
reasonably safe from flooding, or if a flood hazard exists, any
proposed new construction or substantial Improvement (~ncluding
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 MATERIALq DURING
CONSTRUCTION OPERATIONg
Waste materials and rubbish shall not be stored nor allowed
to accumulate within the building or in the immedlate vicinity,
but shall be removed from the premises as rapidly as
pract~oable Combustible waste and rubbish shall be removed at
least daily No material shall be disposed of by burning on the
premises or ~n the immediate vicinity without permission from
the city Dry material or rubbish shall be wetted down, if
necessary, to lay dust or prevent ~t from being blown about
PART II
That Dlviston l, 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 Ordlnance~ 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, gections 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
confllct herewith and, as to ali other ordinances or provisions
of sa~d Code not in direct conflict herewith, this ordinance
shall be and is hereby made cumulative
PART VI
That if any ~ectlon, 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 convict~on,
be guilty of a m~sdemeanor 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 thl~ ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, w~thin ten (10) days of
the date of its passage
~I~H{R~ OTS~WA~, ~n~l~U
Cl~ OF ~TON, T~×~S
ITY SECRETARY
CITY OF DE~ON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
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