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HomeMy WebLinkAbout776 02-14-1984ORDINANCE NO. 776 AN ORDINANCE AMENDING ORDINANCE NO. 715, SAME BEING THE UNIFORM BUILDING CODE, 1982 EDITION BY ADDING THERETO CHAPTER 55, AIRCRAFT NOISE ATTENUATION REQUIREMENTS; ADOPTING IN SECTION 5501 THEREOF, DESIGNATING AIRCRAFT EXPOSURE ZONE "B" AS THE AREA SUBJECT TO CERTAIN NOISE ATTENUATION; ADOPTING IN SECTION 5502 THEREOF, SPECIFIC MINIMUM NOISE LEVEL REDUCTION REQUIREMENTS FOR CERTAIN USES WITHIN ZONE "B "; ADOPTING IN SECTION 5503 THEREOF, A REQUIREMENT FOR CERTAIN BUILDING PLANS WITHIN ZONE "B" BE CERTI- FIED BY A REGISTERED ARCHITECT OR EN- GINEER AS COMPLYING WITH SECTION 5502 HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND AN EFFECTIVE DATE. WHEREAS, aircraft exposure Zone "B" has been defined by Article I, Section 26 of the Euless Subdivision Rules and Regulations as being a specific area of Euless having certain significant adverse and detrimental characteristics due to the operation of aircraft at the Dallas /Fort Worth Airport; and WHEREAS, one of these adverse and detrimental characteristics has been identified as noise created by aircraft; and WHEREAS, the levels of noise created by aircraft operating at and out of the Dallas /Fort Worth Airport are not within the authority of the City of Euless to regulate; and WHEREAS, the adverse and detrimental effects of aircraft noise can be reasonably ameliorated within buildings with the use of certain construction techniques and materials; and WHEREAS, the current ordinances and Building Code of the City of Euless do not address the need for buildings constructed in such a manner as to attenuate the excess noise levels which aircraft cause; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That the Uniform Building Code, 1982 Edition, as heretofore adopted and in effect within the City of Euless, Texas, is hereby amended by adding thereto Chapter 55 as follows: CHAPTER 55 AIRCRAFT NOISE ATTENUATION REQUIREMENTS Sec. 5501. Scope of Requirements For the purpose of this code every building or structure within Aircraft Exposure Zone "B" as defined by Article I, Section 26 of the Euless Subdivision Rules & Regulations shall be subject to the following Noise Attenuation Requirements. Sec. 5502 Noise Level Reduction Standards For Certain Uses The minimum outdoor to indoor noise level re- duction for certain building uses within Zone "B" shall be 25 decibels (A- weighted) as measured from the center of each room. BUILDING USE MINIMUM DECIBEL RE DUCTION FROM OUT- DOORS TO INDOORS RESIDENTIAL Residential within each unit including transient lodgings. 25 dbA PUBLIC USE Schools, Hospitals, Churches, Nursing Homes 25 dbA Sec. 5503. Certification of Plans Prior To Issuance of Building Permit No building permit for any building or structure designated in Section 5502 herein, shall be issued unless all plans and specifications accompanying the application for said permit are certified by a registered professional architect or engineer of the State of Texas as meeting the noise level reduction standards required in Section 5502. The following certification shall appear on every sheet of the building plans. 1, (Name), a registered professional engineer or architect of the State of Texas, have examined the plans and specifications and do hereby certify that when the structure(s) is constructed in accordance with these plans and quality workmanship that the structure will provide a Shell Isolation rating (S.I.R.) of not less than 25 points. ORDINANCE NO. 776 , Page Two of Four Nam ENGINEER OR ARCHITECT TEXAS REGISTRATION NO. (Seal) II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court or competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. III. Penalty for Violation. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be liable to a fine in an amount not to exceed Two Hundred ($200.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 715, and subsequent amendments to the Euless City Charter and the Statutes of the State of Texas. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 8th day of November, 1983, by a vote of 5 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 14th day of February, 1984, by a vote of 4 ayes, 0 nays, and 0 abstentions. UNS-06-FAMOT Harold Samuels, Mayor ORDINANCE NO. 776 , Page Three of Four ATTEST: ORDINANCE NO. 776 , Page Four of Four