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Home My WebLink About853 07-23-1985ORDINANCE NO. 853 AN ORDINANCE ADOPTING THE 1985 EDITION OF THE UNIFORM BUILDING CODE & APPENDICES, DWELLING CONSTRUCTION UNDER THE UNIFORM BUILDING CODE, UNIFORM CODE FOR THE ABATE- MENT OF DANGEROUS BUILDING, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE. WITH REVISIONS. REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLI'PION, CONVERSION, OCCU- PANCY, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CITY OF EULESS; REPEALING THE EXISTING BUILDING CODE AND ALL AMENDMENTS THERETO, AND PRO- VIDING AND EFFECTIVE DATE. Whereas, it is deemed necessary to provide minimum standards to regulate the design, construction, materials, use and occupancy, location and main- tenance of the buildings and structures, and certain equipment thereof within the City, to protect and promote the public safety, health and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. ADOPTION OF STANDARD CODES The 1985 edition of the Uniform Building Code & appendices, Dwelling Con- struction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Building, Uniform (lousing Code, Uniform Mechanical Code & appendices, as adopted by the International Conference of Building Officials, with revisions are hereby adopted. The Building Code of the City of Euless, Texas is hereby revised and amended to conform to the 1985 edition of the Uniform Building Code, Dwelling Construction under the Uniform Building Code, Uniform Code for the Abatement of Dangerous Building, Uniform Housing Code, Uniform Mechan- ical Code, and the same as amended is hereby adopted as the Building Code of the City of Euless, Texas, from the effective date hereof. One copy of said Uniform Building Code, Uniform Code for the Abatement of dangerous buildings, Uniform Housing Code and Uniform (lousing Code marked "Exhibit A ", and one copy of the amendments, marked "Exhibit B ", are incorporated herein by reference and have been filed in the office of the City Secretary for permanent record and inspection. I1. ORDINANCES REPEALED Ordinances 28, 29, 504, 614 715, and all ordinances amendatory thereto; are expressly superseded by the terms of this ordinance. Building Permits heretofore issued under existing ordinances shall be valid for the time for which they were issued under the existing building code; how- ever, upon expiration of said date, the same shall become void. All pending litigation and existing violations, both civil and criminal, whether pending in courts or not, under the building code and amendments there- fore superseded by this ordinance, shall not be affected by this ordinance until final disposition by the courts. ITI. 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 of 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 uncon- stitutional phrase, clause, sentence, paragraph or section. IV. PENALTY FOR VIOLATION Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. V. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication 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 9th day of July , 1985 ; by a vote of 4 ayes, 0 nays, and 0 _ abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the __23rd__day of July _1985______, by a vote of ayes, O nays, and 0--abstentions. APPROVED: ATTEST: MAYOR CIT SECRETARY APPROVED AS TO ,p,ORM ORDINANCE NO. 853, PAGE TWO OF FIVE CT1'Y ATTORNEY .-2- EXHIBIT "B" TO ORDINANCE No. 715 I. AMENDMENTS TO THE UNIFORM BUILDING TOFF FEES, Section 304 (a) Amend to read: A building inspection fee shall be paid to the Building Official as set forth in Table A, City of Euless, Schedule of Fees, Ordinance No. 807. The determination of the value or valuation shall be made by the Building Official, if the valuation is understated on the application, permit shall be denied, unless the applicant can show detailed est- imated costs to meet the approval of the Building Official. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be increased fifty percent (50 %) but not to exceed five hundred dollars ($500.00). The payment of such fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalities prescribed herein. The work will be considered started when foundation excavation is started. payment of taxes, assessments, charges_. and other_monetary_ obligations due th_e_City_o_f Euless. No permit herein provided for shall be issued until all ad valorem and other property taxes, assessments, charges, and other monetary obligations due the City of Euless shall . be paid current, including all penalities, interest, and other charges due with respect to the same. Section 304 (f) Amend to read: Whenever public streets, alleys or sidewalks are used for construction purpose in Fire Zones No. 1 and 2, fees for the use of the space shall be paid to the Building Official on the following basis: 1. If the time does not exceed three (3) days, the fee will be $5.00 minimum based on twenty -four (24) hours use per day per space used. 2. If the time exceeds three (3) clays, the fee per day will be $5.00 minimum plus $1.00 per day. 3. The space for which the fee is paid for construction purposes shall be for each 50 linear feet occupied. -3- ORDINANCE NO. 853, PAGE THREE OF FIVE Section 305 (g) Amend to read: A reinspection fee may be assessed -Ln accordance with the City of Euless Schedule of Fees, Table A, Category VI., Ordinance No. 807 when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the City of Euless Schedule of Fees, Table A, Category VT., Ordinance No. 807. In instances where reinspection fees have been assessed, no addi- tional inspection of the work will be performed until the required fees have been paid. Section 503 (d) Sub - paragraph (4) Amend to read: Fire ratings for Occupancy Separations. In the one -hour occupancy separation between a Group R -3 amd M -1 Occupancy, the separation may be limited to the installation of not less than one -half inch thick- ness 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. Section 3203 (c) Add a new section: Fire retardant Class C roof coverings are required on all multi- family and townhouse units regardless of the size and height of the units. Fire retardant Class C roofing materials are defined as any roofing material which meets ASTM E - 108 Fire 'rest speci- fications for roofing and has been tested and approved by a nationally recognized testing .laboratory. In those cases where it proves necessary to replace all or part of an ordinary wood shingle roof, and the Class C roofing does not meet the exposure length of the existing roof, Class C com- posiiton shingles may be overlaid . on the wood shingle. -4- ORDINANCE NO. 853, PAGE FOUR OF FIVE II. AMP,MlAlF,N'I'S TO UN I FORM MHCIIAN ICAL 0001', Section 304 (a) Amend to read: The fee for each mechanical permit shall be as sct forth in the City of Euless Schedule of Fees, Table A, Ordinance No. 807. Section 305 (f) Amend to read: A reinspection fee may be assessed in accordance with City of Euless, Schedule of Pees, Category VI., Ordinance No. 807. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Rinspection fees may be assessed when the approved plans are mot readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the City of Euless Schedule of Fees, Table A, Category V1., Ordinance No. 807. In instances where reinspection fees have been assessed, no addi- tional inspection of the work will be performed until the required fees have been paid. -5- ORDINANCE NO. 853, PAGE FIVE OF FIVE