ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF COMANCHE, TEXAS, ADOPTING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE; ADOPTING THE 2012 EDITION OF THE RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PLUMBING CODE; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE; ADOPTING THE 2012 EDITION OF THE NATIONAL ELECTRICAL CODE; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL MECHANICAL CODE; ESTABLISHING PENALTY AND ENFORCEMENT PROVISIONS; PROVIDING AN EFFECTIVE DATE, SAVINGS, AND OPEN MEETINGS CLAUSES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the public health, safety and welfare, require the adoption and enforcement of codes governing the issue of permits for, inspection and completion of construction, plumbing, electrical work, and building within the City of Comanche, Texas; and WHEREAS, the City Council finds the public health, safety and welfare will be served by adopting certain codes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COAMCNHE, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes and findings of fact. The City Council hereby further finds ad determines that the rules, regulations, terms, conditions, provisions and requirements of this Ordinance are reasonable and necessary to protect the public health, safety and quality of life. Section 2. Adoption of International Building Code and Amendments (a) That certain document, one copy of which is on file in the office of the City Administrator, being marked and designated as the International Building Code, 2012 edition, including all Appendix Chapters, published by the International Code Council, Inc., is hereby adopted as the building code of the City establishing the minimum regulations governing conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; and each and all of the regulations, provisions, conditions and terms of such International Building Code, 2012 edition, published by the International Code Council, Inc., on file in the office of the City Administrator are hereby referred to, adopted and made part of this Section as if fully set out in the Ordinance.

2 b) Amendments. The International Building Code, 2012 edition, is hereby amended as follows: Section 3. Adoption of International Residential Code for One- and Two-Family Dwellings and Amendments (a) The adoption of that certain document, one copy of which is on file at the office of the City Administrator, being marked and designated as the International Residential Code for One- and Two-Family Dwellings 2012 edition, including all Appendix Chapters, published by the International Code Council, Inc., as the residential code of the City regulating and controlling design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings; multiple single-family dwellings not more than three stories high with separate means of egress, including the accessory structures of the dwelling; and townhouses in the City; providing for the issuance of permits and collection of fees is hereby ratified, confirmed, and adopted; and each and all of the regulations, provisions, conditions and terms of such International Residential Code for One- and Two-Family Dwellings, 2012 edition, published by the International Code Council, Inc. on file in the office of City Administrator are hereby referred to, adopted and made part of this Section as if fully set out in this Ordinance. b) Amendments. The International Residential Code for One- and Two-Family Dwellings, 2012 edition, is hereby amended as follows: Section 4. Adoption if International Plumbing Code and Amendments (a) That certain document, one copy of which is on file at the office of City Administrator, being marked and designated as the international Plumbing Code, 2012 edition, including Appendix Chapters, published by the International Code Council, Inc., is hereby adopted as the code for the City for regulating design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of plumbing systems in the City; providing for issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, 2012 edition, published by the International Code Council, Inc. on file on the office of the City Administrator, are hereby referred to, adopted and made part of this Section as if fully set out in this Ordinance. (b) follows: Amendments. The International Plumbing Code, 2012 edition, is hereby amended as

3 Section 5. Adoption of International Fire Code and Amendments (a) That certain document, a copy of which is on file in the office of the City Administrator, being marked and designated as the International Fire Code, 2012 edition, published by the International Code Council, Inc., is hereby adopted as the fire code of the City for regulation and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City and providing for the issuance of permits for hazardous uses and operations; and each and all of the regulations, provisions, conditions and terms of such International Fire Code, 2012 edition, published by the International Code Council, Inc., on file in the office of the City Administrator are hereby referred to, adopted and made part of this Section as if fully set out in this Ordinance. b) Amendments. The International Fire Code, 2012 edition, is hereby amended as follows: Section 6. Adoption of National Electrical Code and Amendments (a) That certain document, one copy of which is on file in the office of the City Administrator, being marked and designated as the National Electrical Code, 2011 edition, including Appendix Chapters, published by the National Fire Protection Association, is hereby adopted by the City for the purpose of establishing rules and regulations for construction, alteration, removal and maintenance of electric wiring and apparatus, including permits and penalties, that certain electrical code known as the National Electrical Code of the National Fire Protection Association, being particularly the 2011 edition and the whole thereof, save and except such portions as are hereafter deleted, modified and amended, of which no less than one copy has been and is now filed in the office of the City Administrator. Such code is hereby adopted and incorporated as fully as if set out at length in this Section, and the provision of such code shall be controlling in construction, alteration, maintenance or removal of all electric wiring and apparatus within the corporate limits of the City. b) Amendments. The National Electrical Code, 2011 edition, is hereby amended as follows:

4 Section 7. Adoption of International Mechanical Code and Amendments (a) That certain document, one copy of which is on file at the office of the City Administrator, being marked and designated as the International Mechanical Code, 2012 edition, published by the International Code Council, Inc., is hereby adopted as the mechanical code for the City for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances in the City; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 2012 editon, published by the International Code Council, Inc., on file in the office of the City Administrator are hereby referred to, adopted and made part of this Section as if fully set out in this Ordinance. b) Amendments. The International Mechanical Code, 2012 edition, is hereby amended as follows: Section 8. Penalty Any person who shall violate any of the provisions of this Ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($ ). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all other remedies provided herein. To the extent of any conflict between this Section and a penalty and a provision in the codes adopted herein, such penalty provision shall be amended and this Section shall control. Section 9. Severability That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause of phrase thereof, irrespective of that any one or more sections, subsections, clause or phrases be declared unconstitutional. Section 10. Enforcement of Regulations (a) No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the City for or with respect to any lot, tract or parcel of land within the City limits, after the effective date of this Ordinance, except in compliance with all then applicable requirements of this Ordinance and the above codes. (b) This Ordinance and any code or provision adopted by this Ordinance may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this Ordinance, with respect to any land, building or development within the City, by fine and penalties as provided herein.

5 Section 11. Savings All rights and remedies of the City of Comanche are expressly saved as to any and all violations of the provisions of any ordinances affecting building construction, building codes, or permit issuance within the City which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 12. Amendment of Ordinances All portions of ordinances in conflict herewith are hereby amended to the extent of conflict with this Ordinance. In the event of a conflict or inconsistency between this Ordinance and any other code or ordinance of the City, the terms and provisions of this Ordinance shall govern. Section 13. Effective Date This Ordinance shall be in force and effect from and after its passage on the date shown below. Section 14. Open Meetings It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that the public notice of time, place, and purpose of said meeting was given as required by the Open Meeting Act, Chapt. 551, Tex. Gov t. Code. PASSED AND APPROVED on this day of, Attest: THE CITY OF COMANCHE, TEXAS Stephen Dueboay Sr. City Administrator Ronnie Clifton Mayor