22-66422-664ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DENTON, BY REPEALING THE 2012 EDITION OF THEINTERNATIONAL FUEL GAS CODE IN SECTIONS 28-123 AND 28-124 AND ADOPTINGTHE 2021 EDITION OF THE INTERNATIONAL FUEL GAS CODE IN SECTIONS 28-67 AND28-68, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FORCONTINUATION OF PRIOR LAW; PROVIDING A PENALTY; PROVIDING FORPUBLICATION AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, upon the recommendation of the Health & Building Standards Commission
at its March 24, 2022 meeting, the City Council now finds it is in the best interests of public health,
safety, and welfare to repeal the 2012 edition of the International Fuel Gas Code and to adopt the2021 edition of the International Fuel Gas Code-, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Chapter 28, Buildings and Building Regulations, Sections 28-123 through
28-124, of the Denton Code of Ordinances are repealed in their entirety and replaced with new
Article VIII, Sections 28-67 through 28-68, to read as follows:
Sec. 28-67 . 2021 International Fuel Gas Code adopted.
The International Fuel Gas Code, 2021 edition, published by the International Code
Council, a copy of which shall be filed in the office of the city secretary and available
for public inspection, is hereby adopted, the same as if copied at length herein, subjectto the deletions and amendments enumerated in Section 28-68.
Section 28-68. Deletions and Amendments to the 2021 International Fuel Gas Code.
1. Section 101.1. is deleted in its entirety and replaced with the following:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the City ofDenton, hereinafter referred to as “this code.”
2. Section 103.1 is deleted in its entirety and replaced with the following:
103.1 Creation of agency. The Building Safety Department is hereby created and the
executive official in charge thereof shall be known as the code official. The function
of the agency shall be the implementation, administration and enforcement of the
provisions of this code.
3 . Section 106.5.3 is deleted in its entirety and replaced with the following:
2021 International Fuel Gas Code Page 1 of 4
106.5.3 Expiration. Every permit issued by the code official under the provisions of
this code shall expire by limitation and become null and void if the work authorized by
such permit is not commenced within 180 days from the date of such permit, or is
suspended or abandoned at any time after the work is commenced for a period of 180
days
4. Section 106.5.4 is deleted in its entirety.
5. Section 109.2 is deleted in its entirety and replaced with the following:
109.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall
be paid as required, in accordance with the schedule as established by the applicablegoverning authority or ordinance of the City.
6. Section 109.4 is deleted in its entirety and replaced with the following:
109.4 Work commencing before permit issuance. Any person who commences work
requiring a permit on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to the required permit
fees, as set by the current schedule of fees adopted by ordinance of the City.
7. Section 1 13 Means of Appeal, is deleted in its entirety and replaced with the following:
113 HEALTH AND BUILDING STANDARDS COMMISSION
113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official, or fire marshal relative to
the application and interpretation of the requirements of this Code and all other
applicable codes of the City of Denton, there shall be a health and building standardscommlsslor).
113.2 Limitations on authority. An application for appeal shall be based on a claimthat the true intent of this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally goodor better form of construction is proposed. The health and building standards
commission shall not have authority to waive requirements of this code.
8. Section 114 Board of Appeals is deleted in its entirety.
9. Section 1 15.4 Violation penalties, is deleted in its entirety.
10. A new Section 306.3.2 is created to read as follows:
306.3.2 Access. As a minimum, for access to the attic space, one of the following
shall be provided:
I. A permanent stair.
2021 International Fuel Gas Code Page 2 of 4
2. A pull-down stair with a minimum 300 lb. (136 kg) capacity.
3. An access door from an upper floor level.
SECTION 2. If any provision of this ordinance or the application thereof to any person orcircumstances is held invalid by any court, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this ordinance are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof
by the preceding text 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
and such shall remain in force for all intents and purposes as if such ordinance or part thereof so
repealed shall remain in force.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction,
be found guilty of a misdemeanor and fined a sum not to exceed two thousand dollars ($2,000.00)
for each violation. Each day that a provision of this ordinance is violated shall constitute a separateand distinct offense.
SECTION 5. Pursuant to Section 2.09(c) of the Charter for the City of Denton and Section214.218 of the Texas Local Government Code, this ordinance shall become on June 1, 2022, 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 and approval.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
The motion to approve this ordinance was made by Jesse Mu iS and
seconded by (, the ordinance was passed and approved by
the following vote LI -(n:
Aye
\/
1/
pr
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :1/
V/
P/
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
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Paul Meltzer, At Large Place 6: Y/
PASSED AND APPROVED this, the 3414 day of Ipd . 2022.
.J#ZZ -GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY [\\\\Ill BIll
rya,),A
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
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2021 International Fuel Gas Code Page 4 of 4