ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE AMENDING VARIOUS 2012 INTERNATIONAL CODES RELATING TO THE MEANS OF APPEALS OF DECISIONS OF THE BUILDING OFFICIAL BY AMENDING SECTIONS 6-28 THROUGH 6-32 AND ADDING SECTIONS 6-34 THROUGH 6-36 OF ARTICLE II, CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF WACO, TEXAS; AMENDING SECTIONS AND OF ARTICLE II, CHAPTER 10 "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF WACO, TEXAS, RELATING TO THE MEANS OF APPEALS OF DECISIONS OF THE FIRE MARSHAL; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A PENALTY; PROVIDING FOR AN ENFORCEMENT DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WACO, TEXAS: Section 1. That Sections 6-28 through 6-32 of Article II in Chapter 6, "Building and Building Regulations" of the Code of Ordinances of the City of Waco, Texas are amended as follows (additions, deletions): ARTICLE II IN CHAPTER 6, "BUILDING AND BUILDING REGULATIONS". Sec Exception, amendments and deletions to the International Building Code, 2012 Edition. (1) IBC Section Schedule of permit fees is amended to read as follows: A schedule of fees for building permits issued by the City of Waco shall be approved by the city council, by minute entry or as a part of annual budget. A copy of permit fee schedule shall be on file with the city secretary and building official. A permit shall not be issued nor any amendment made to a permit until the fees prescribed under this section have been paid. However, the city council may waive permit fees for work being performed by humanitarian or charitable organizations that work to provide affordable housing for people. (2) IBC Section 113, Board of Appeals shall be renamed to "Means of Appeals" and the body deleted and replaced with: An appeal shall be pursuant to Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Page I of9

2 Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances of the Citv of Waco. Texas. ~ill IBC Section Design shall be changed to read as follows: Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC/ANSI All7.1. All buildings governed by Texas Department of Licensing and Regulations will take precedence over this code or ICC/ANSI All7.1. ~IBC Section Public Swimming Pools. Public swimming pools is amended to read as follows: Public swimming pools shall be completely enclosed by a fence at least 6 feet (1830 mm) in height or a screen enclosure. The remainder of the section is unchanged. f41ill IBC Section Barrier height and clearances. The top of the barrier shall be at least 72 inches (1830 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The remainder of the section is unchanged. ~ IBC TABLES (1); (2); ; ; (1); (2); and (1) through (6) shall be replaced with the new design values for Southern Pine dimension lumber. A copy of the new design values for Southern Pine dimension lumber shall be retained on file in the office of the city secretary. Sec Exception; amendments and deletions to the International Residential Code, 2012 Edition, including appendices A, B, C and G. (I) IRC Part VIII- Electrical Chapters shall be deleted. (2) IRC Section R Schedule ofpermit Fees is amended to read as follows: On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit schedule of fees for building permits issued by the City of Waco shall be approved by the city council. A copy of the permit fee schedule shall be on file with the city secretary and building official. A permit shall not be issued nor any amendment made to a permit until the fees prescribed under this section have been paid. (3) IRC Section 112, Board of Appeals shall be renamed to "Means of Appeals" and the body deleted and replaced with: An appeal shall be pursuant to Division 2. "Building Inspections Advisorv and Appeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances of the Citv of Waco. Texas. ~ill IRC Section R313.2 One and two family dwellings automatic fire systems shall be deleted. f4jill IRC Section G ( ) Test pressure, shall read: The test pressure to be used shall be no less than I 1/2 times the proposed maximum working pressure, but not less than 3 psig, irrespective of design pressure. Exception- When using a Fisher gauge the test pressure shall be the two (2) times the working pressure of the system. Page 2 of9

3 Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified yield strength of the pipe. fs K~l IRC Section P Hose Bibb shall be deleted. f6till Appendix G, AG105.2 Outdoor swimming pool. Outdoor swimming pools is amended to read as follows: 1. The top of the barrier shall be at least 72 inches (1830 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The remainder of the section is unchanged. f+j(id IRC TABLES R (1); R (2); R (1); R502.5(1); R ; R802.4(1); R802.4(2); and R (1) through (8) shall be replaced with the new design values for Southern Pine dimension lumber. A copy of the new design values for Southern Pine dimension lumber shall be retained on file in the office ofthe city secretary. Sec Exceptions, amendments and deletions to the International Plumbing Code, 2012 Edition, including appendices D, E and F. (1) IPC Section , Fee Schedule, shall read: A schedule of fees for plumbing permits issued by the City of Waco shall be approved by resolution or as part of the annual budget. A copy of the schedule shall be on file with the city secretary and building official. A permit shall not be issued nor any amendment made to a permit until the fees prescribed under this section have been paid. However, the city council may waive permit fees for work being performed by humanitarian or charitable organizations that work to provide affordable housing for people in accordance with state law. (2) IPC Section , Fee Refunds, shall read: The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 70 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (3) IPC Section 109, Means of Appeal, shall be eleleteel ftfl:el skall ee Fef)laeeel with: changed to read as follows: Artiele IV, DivisioR 2 Boaffi of Ph:HTJ:eiRg arel MeekaRieal CoRtF&etors, SeetioR tftro\:lgk 8 2Q2 An appeal shall be pursuant to Division 2. "Building Inspections Advisorv and Aooeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances ofthe City of Waco. Texas City ofwaeo Coele oforelirftfl:ees. (4) IPC Section , Sewer depth is changed to read: Building sewers shall be a minimum of six inches below grade. (5) IPC Section Protection of backflow preventers. Protection of backflow preventers shall be amended to read: Backflow preventers shall not be located in areas subject to freezing except where protected from freezing by heat, insulation or both. (6) IPC Section 1103, Traps, shall be deleted. Page 3 of9

4 (7) IPC Section 1108, Combined Sanitary and Storm System, shall be deleted. Sec Exceptions, amendments and deletions to the International Mechanical Code, 2012 Edition, including appendix A. (1) IMC Section Fee Schedule, shall be changed to read: A schedule of fees for Mechanical permits issued by the City of Waco shall be approved as part of the annual budget or by resolution or as part of the annual budget. A copy of the schedule shall be on file with the city secretary and building official. A permit shall not be issued nor any amendment made to a permit until the fees prescribed under this section have been paid. However, the city council may waive permits fees for work being performed by humanitarian or charitable organizations that work to provide affordable housing for people. (2) IMC Section Fee Refunds, shall read: The code official shall authorize the refund of fees as follows: 1. The full amount of any fee paid hefe that was erroneously paid or collected. 2. Not more than 70 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The code official shall not authorize the refunding of any fee paid except upon written application submitted by the original permittee not later than 180 days after the date of fee payment. (3) IMC Section 109, Means of Appeal, shall be deleted ftfl:d shall }:)e Fefllaeed with changed to read as follows: Artiele IV, DiYisioH 2, Boafd of Ph:tfB}:)iHg ftfl:d MeekaHieal Coffifaetors, 8eetiOHS e 191 tflfohgk e 2Q2 An appeal shall be pursuant to Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Chaoter 6 "Buildings and Building Regulations" of the Code of Ordinances of the City of Waco. Texas City of '.Vaeo Code of OrdiHaaees, City of Waeo Code of OrdiHaRees. Sec Exceptions, amendments and deletions to the International Fuel Gas Code, 2012 Edition, including appendices A, B, C, and D. (1) IFGC Section Fee Schedule, shall read: A schedule of fees for plumbing permits issued by the City of Waco shall be approved by the city council by resolution or as a part of the annual budget. A copy of the schedule shall be on file with the city secretary and building official. A permit shall not be issued nor any amendment made to permit until the fees prescribed under this section have been paid. However, the city council may waive permit fees for work being performed by humanitarian or charitable organizations that work to provide affordable housing for people. (2) IFGC Section Fee Refunds, shall read: The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 70 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Page 4 of9

5 The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (3) IFGC Section 109. Means of Appeal shall be changed to read as follows ~ cleletecl are ee Fef)laeecl vlitk AFtiele IV, DivisieR 2 Beflfa ef PlHRleiRg are Meehanieal CeRtFaetOFS, SeetieRS e 191 tafo\:lga e 2Q2 An appeal shall be pursuant to Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances of the Citv of Waco. Texas, City ef ',Vaee Cecle ef OFaiRaRees. (4) IFGC Section Test pressure, shall read: The test pressure to be used shall be no less than 1 1/2 times the proposed maximum working pressure, but not less than 3 psig, irrespective of design pressure. Exception: When using a Fisher gauge the test pressure shall be two (2) times the working pressure of the system. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a valve that produces a hoop stress in the piping greater than 50% of the specified yield strength of the pipe. Section 2. That Sections 6-34 and 6-35 are added to Article II in Chapter 6, "Building and Building Regulations" of the Code of Ordinances of the City of Waco, Texas are amended as follows (additions): Sec Amendments and deletions to the International Energy Consecyation Code Edition. International Energy Conservation Code Section C109. Board of Appeals shall be renamed to "Means of Appeals" and the body deleted and replaced with: An apoeal shall be pursuant to Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinapces ofthe City of Waco. Texas. Sec Amendments and deletions to the International Existing Building Code Edition. International Existing Building Code Section 112. Board of Appeals shall be renamed to "Means of Appeals" and the body deleted and replaced with: An appeal shall be pursuant to Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances ofthe City of Waco. Texas. Page 5 of9

6 Section 3. That Sections and of Article II in Chapter 10, "Fire Prevention and Protection" of the Code of Ordinances of the City of Waco are amended as follows (additions, deletions): Sec Exceptions, amendments and deletions. The following exceptions, amendments and deletions are hereby made to the International Fire Code adopted in section I 0-20: (1) Section 108 shall be renamed "Means of Appeal" and shall be changed to read as follows: An appeal shall be pursuant to Section of Article II "Fire Codes" of Chapter 10 "Fire Protection and Prevention" ofthe Code of Ordinances ofthe City of Waco. Texas. fl-jill Section is added to state: "No Smoking" signs shall be of cardboard, metal or cloth, and not less than six inches by 16 inches in size. Lettered upon such signs shall be the words "No Smoking" which shall be not less than four inches in vertical length, and the words "By Order of the Fire Marshal" shall be in letters at least one-half inch in vertical length. No owner, manager, operator, supervisor or other person having charge of any building or premises shall fail to have posted "No Smoking" signs at the places designated by the fire marshal after having received three days' notification to erect such signs. ~ Section shall be changed to read: Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). ~ Section is added to state: On public property, the fire lane shall be marked with free standing signs that may be supplemented by curb or pavement markings; however, curb or pavement markings are not required. f4till Section is added to state: On privately owned property, the proper markings to designate a fire lane shall be one of the following: (a) Signs: Shall read "NO PARKING FIRE LANE" and shall be 12 inches wide and 18 inches high. Signs shall be painted on a white background with letters and borders in red, using not less than two inch lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet six inches above finished grade. Signs shall be spaced not more than twentyfive (25) feet apart, or up to fifty (50) feet apart if pavement or curb markings are also used. Signs may be installed on permanent buildings or walls if approved by the fire marshal. Also, the fire marshal may allow a variance to sign marking Page 6 of9

7 styles where access to the property is limited or restricted by means of gates or barriers. A written request with full architectural details shall be submitted to the fire marshal for review. (b) Pavement markings: Shall be marked by painted lines of red traffic paint six inches in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" shall appear in four inch white letters at 20 foot intervals on the red border marking along both sides of the fire lanes. (c) Curb markings: Shall be painted in red traffic paint from the top seam of the curb to a point even with the driving service. The words "NO PARKING FIRE LANE" shall appear in four inch white letters at 20 foot intervals along the curb(s). ~~ Section is added to state: Existing signs and markings for fire lanes shall be brought into compliance with this section within 180 days of the adoption of this section, unless the fire marshal approves the existing signs and markings at the location or extends the time for compliance for the specific location. tetlzl Section is added to state: All fire lanes shall be maintained and kept in a good state of repair at all times by the owner, and the City shall not be responsible for the maintenance of fire lanes, except those on property owned and controlled by the City. It shall further be the responsibility of the owner to insure that all fire lane markings required by this section be kept so that the border of each and every portion of the fire lane is easily distinguishable by the public. f+tw Section is added to state: No owner or person in charge of any premises served by a fire lane shall abandon or close any fire lane without first obtaining the approval of the fire marshal. ~,(21 Section is added to state: It shall be unlawful for any person to stop, stand, or park a vehicle, or to allow a vehicle owned by him to stop, stand, or park, within any fire lane, on either public or private property. Persons who park a vehicle or allow a vehicle to be stopped, stood or parked in such area, be it on public or private property, may be cited for and charged with a violation by any person authorized to enforce the Code of Ordinances. Persons authorized to enforce this provision may include a private security guard as provided in section Proof that a person owned a vehicle shall constitute prima facie proof that the person parked the vehicle or allowed the vehicle to be parked in such area. f9tuql Section The following exception is added to this section: Exceptions: One and two family dwellings. Page 7 of9

8 Sec Appeals. Whenever the fire marshal shall disapprove an application or refuse to grant a modification requested as provided in section above, or disapprove a permit applied for, or when it is claimed that the provisions of the fire codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the affected party may appeal from the decision of the fire marshal to the aeanl ef aj313eals &Ra aeljt:~stffterts as J3reYiaea fer ir seetier 1 Q8 ef the IRtematieRal Fire Geae. Tl:tis aeara sl:tall ae the S&ffie aeara ereatea ay seetier 1 Q8 ef tl:te IRtematieRal Bt:~ilaiRg Geae, as aelej3tea ay the eity. Building Inspections Advisorv and Appeals Board as provided for in Division 2. "Building Inspections Advisory and Appeals Board" of Article I "In General" of Chapter 6 "Buildings and Building Regulations" of the Code of Ordinances of the City of Waco. Texas. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Waco not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the terms and provisions of this ordinance shall be deemed to be severable and that if any section, subsection, sentence, clause, or phrase of this ordinance shall be declared to be invalid or unconstitutional, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase of this ordinance and the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 6. That nothing in this ordinance shall be constructed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or prior ordinance; nor shall any legal right or remedy of any character be lost, impaired, or affected by this ordinance. Section 7. That it is the intention of the City Council and is hereby ordained that the provisions of this ordinance shall become and be a part of the Code of Ordinances of the City of Waco, Texas, and that sections ofthis ordinance may be renumbered or relettered to accomplish such intention. Section 8. That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public and that public notice of the time, place and purpose of said meeting was given as required by law. Section 9. That a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be as provided for in Sec of the Code of Ordinances of the City of Waco, which shall be a fine of not less than one dollar ($1.00) and no more than two thousand dollars ($2,000.00), and each day a violation exists shall be a separate offense. Page 8 of9

9 Section 10. That this ordinance shall take effect on March 3, PASSED AND APPROVED: First Reading: this 17th day of December, this 7th day of January, Patricia W. Ervin, C ty Secr~tary --- Jennife Richie, City Attorney Page 9 of9