1999-098REGULATIONS" 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 "Bmldmg 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, declsions or determination made by the bmldmg
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 mty council for a term of two (2) years, commenmng July
1 of the year appointed A member may be removed for cause by the council after a public
heanng All seven members shall serve until their successors are appointed To the extent that
persons are avmlable w~tlun the city, the board shall consist of one general contractor, one
architect or engineer, one person fi.om the plumbing mdustry, one person fi.om 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 mlmmum 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 slx (6) members The building official shall be an ex
officio member to th~s board and shall act as secretary to smd 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 adm~mster oaths and compel the attendance of
witnesses,
(2) Hear and determine, by a majority vote of the members, appeals from any
demslon of the burldlng officml or fire marshal made pursuant to Chapter 28 and
Chapter 29, Code of Ordinances, City of Denton, Texas after proper notice has
been g~ven
(3) The concumng vote of 75 percent of the members of the board is necessary to
grant variances to any prowslons 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 hardslup exists which
would be cured by the particular variance sought
(4) Mmntmn 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 m matters properly before ~t 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 thru
chapter may appeal such dems~on 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 duphcate with the
bmlchng official Such notice shall contmn appropriate reference to the decision
or order appealed from, as well as the grounds of the appeal It shall be the duty
of the bmldlng official to notify the chmrman 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
orchnance and shall be on file in the office of the bmldmg official and the City
Secretary
(3) The bmldurg 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, at, er
notice of appeal has been filed, that a stay would cause hazard to life or property
In such case, proceechngs pursuant to the decision or order of the bmkhng official
shall not be stayed except by order of the board or by a restralmng order issued by
a court of competent jtmsdlctlon
(5) The board shall fix a reasonable t~me for the heanng of an appeal, glwng notice in
writing to the parties in interest, and shall reach its decision within three (3) days
from the close of the heanng The appellant may appear before the board m
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 heanng therefor
(6) The board shall have the power m all cases appealed to it from decisions or orders
of the building official to reverse or affirm or modify, in whole or m 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 tins chapter
and to recommend any necessary changes and/or improvements to the city council This
renew shall include consideration of suggestions from contractors and the pubhc at large,
whmh may be obtmned by means of open heanngs 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 Orchnances, City
of Denton, Texas shall hereinafter be construed to mean the Construction Advisory and
Appeals Board for all purposes
~ 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 plttmbmg 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 m
accordance with his findings Has ruling shall be final and binding on all parties, provided,
however, that appeal may be taken to the construction advasory and appeal board as provided m
thas chapter
SECTION IV That Section 28-231 (0 of Chapter 28 of the Code of Ordinances of the City of
Denton is hereby amended to read as follows
(f) A speeaal ruling necessary to cover future construction or installation not specafically
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 m the
permanent records of the ebaef 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
See. 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
~ 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 speclfted 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 w~th
which they are used
Board means the construction advisory and appeals board of the city created in Section
28-439
Butldtng code is the building code adopted in section 28-27
Efficiency dwelltng umt is a dwelling unit containing only one (1) habitable room and
meeting the requirements of section 28-402(c)
Mechamcal code is the mechanical code adopted in section 28-251
Plumbing code Is the plumbing code adopted in section 28-144
Electrtcal code is the electrical code adopted m section 28-61
~ That Section 28-426(a)(1) of Chapter 28 of the Code of Ordmances of the City
of Denton is hereby amended to read as follows
(1) A heading m the words "Before the Constructmn Advisory and Appeals Board of
the City of Denton, Texas",
~ That Section 28-426(b) of Chapter 28 of the Code of Ordinances of the C~ty of
Denton is hereby amended to read as follows
(b) Processmg of appeal Upon receipt of any appeal filed pursuant to this article and
receipt of the fihng fee, the budding official shall present the appeal at the next
regular or special meeting of the construction adwsory and appeals board
~ 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) Heartng exammers The construction and advisory board may appoint one (1) or
more heanng examiners or das~gnate one (1) or more of its members to serve as
heanng examiners to conduct the hearings provided m this d~ms~on The
examiner heanng the case shall exercise all powers relating to the conduct of
heanngs until it ~s submitted by him to the board for dec,stun
_~.~LT. LQ..~ That Section 28-430 entitled Form of notme of heanng of Chapter 28 of the Code
of Ordinances of the City of Denton ~s hereby amended to read as follows
See. 28-430. Form of notice of hearing
The notme of heanng to the appellant pursuant to th~s artmle shall be substantmlly ~n the
following form, but may include other ~nformat~on
"You are hereby notified that a heanng wdl 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
ewdence and w~ll be given full opportumty to cross-examination all witnesses testifying agmnst
you You may request the issuance of subpoenas to compel the attendance of witnesses and the
production of books, documents or other things by fihng an affidawt thereof with the
Construction Advisory and Appeals Board (or name ofheanng examiner)"
~ 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) Fthng of affidavit The Construction advisory and appeals board or examiner may
obtmn the issuance and service of a subpoena for the attendance of witnesses or the
production of other evidence at a heanng 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 matenahty thereof in detml
to the issues involved and states that the witness has the desired things in his
possession or under hm control A subpoena need not be ~ssued when the affidavit is
defective in any particular
~ That Section 28-432(g) of Chapter 28 of the Code of Ordinances of the C~ty of
Denton is hereby amended to read as follows
(g) Inspection of premises The construction advisory and appeals board or the heanng
examiner may inspect upon notice to all parties any building or promises involved in
the appeal dunng the course of the heanng
~ That Section 28-434(a) of Chapter 28 of the Code of Ordinances of the C~ty of
Denton is hereby amended to read as follows
(a) Hearing required In cases where the bmldlng official has determined that a bmldmg or
structure should be demolished, a pubhc hearing before the construction advisory and
appeals board shall be held, regardless of whether or not a n appeal from such
dotermlnation has been filed by any person
~ 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 heanng wall 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 bmldlng offimal
~_C_!LO_.]~I_._~ That Section 28-437 entitled Objections to assessment of Chapter 28 of the
Code of Ordinances of the C~ty of Denton is hereby amended to read as follows
Sec 28-437. Obleetlon to assessment.
Any person interested in or affected by an assessment levied agmnst property as a result
of any demohtlon work as provided ~n this article may file a written protest or objection with the
Construetmn 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 mount of such assessment in accordance with any errors made in calculating
such assessment
~ 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 1 4, entitled Appeals, is amended to read as follows
103.1.4 Board of Appeals. In order to determine the SUltabIhty of alternate
materials and types of construction and to provide for reasonable mterpretat~ons of
the provisions of this code, the Construction Advisory and Appeals Board as created
and organized under Chapter 28 of the Code of Ordmances shall pass upon all
pertinent matters Whenever the F~re Marshal disapproves and apphcation or refuses
a permit applied for, or whenever it ~s claimed that the prowsions of the Code do not
apply or that the true intent or meamng of the Code have been wrongly misconstrued
or wrongly interpreted, the apphcant 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
appomted for specific rulings or ~nterpretations Such members shall be voting, ex-
officio members and appointed by the Chairperson of the Construction Advisory and
Appeals Board to assist m the determination and/or ruhng of a specific issue or case
Such appointments shall be temporary until the ruling IS rendered No more than two
(2) members shall be appomted, each having experience an the matter ~n 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
~ That this ordinance shall repeal every prior ordmanee in conflict herewith, but
only Insofar as the portion of such prior ordmanee shall be ~n conflict, and as to all other sections
of the ordmance not m direct conflict herewith, th~s ordinance shall be and is hereby made
cumulative except as to such prior ordmances or portions thereof as are expressly repealed
hereby
~ That If any provisions of this ordinance or application thereof to any person or
e~reumstanees is held invahd by any court, such holding shall not affect the validity of the
remalmng portions of th~s ordmanee, and the City Council of the City of Denton, Texas hereby
declares that it would have enacted the remmning portions despite any such invalidity
~ 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
prowslon of th~s Ordinance is violated shall constitute a separate and distinct offense
~ That tlus ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be
pubhshed twice in the Denton Record-Chromcle, the official newspaper of the City of Denton,
Texas w~thm ten (10) days of the date of Its passage
PASSED AND APPROVED this thedTIO~AQ day of ~ , 1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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