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HomeMy WebLinkAboutOrdinance No. 21Ordinance Number 0021 AN ORDINANCE ADOPTING UNIFORM BUILDING CODE, 1976 EDITION, OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS WITH AMENDMENTS AND DELETIONS TO CERTAIN SECTIONS; REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CITY OF THE COLONY; PROVIDING FOR INSPECTION, THE ISSUANCE OF PERMITS, .AND COLLECTION OF FEES THEREFOR; PROVIDING A FINE NOT LESS THAN $1.00 NOR MORE THAN $200.00 FOR ANY VIOLATION HEREOF; PROVIDING THAT THE AUTHORITY OF THE BUILDING OFFICIAL SHALL NOT BE CONSTRUED AS DISCRETIONARY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section One. (a) That the Uniform Building Code, 1976 Edition of the International Conference of Building Officials, attached hereto as Exhibit A, and hereafter referred to as the "Uniform Building Code", with amendments and deletions as specified in Exhibit B, is hereby adopted by reference as the Building Code of the City of The Colony. (b) The Uniform Building Code Standards attached hereto as Exhibit C, which are referred to in various parts of the Uniform Building Code and which are declared to be a part of this Ordinance by Chapter 60 of the Uniform Building Code, are hereby adopted by reference as the Uniform Building Code Standards of the City of The Colony and are made a part of this Ordinance. (c) A copy each of Exhibit A, Exhibit B, and Exhibit C shall remain on file in the office of the City Secretary as a permanent record. Section Two. The sections of the Uniform Building Code amended by Exhibit B are as follows: a. Provisions changed. Sections 101, 201, 2O2(c), 203, 204, 205, and 304(x). -1- b. Provisions deleted. Sections 303, paragraph b, c, and d; 304, paragraph b, d, subsection 3; 6001; 6003; 6004; and Chapter 16. c. Provisions added. Section 206. Section Three. Penalties for Violation: (a) It shall be unlawful for any person to erect, con- struct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City of The Colony or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance and the Uniform Building Code, as adopted by this Ordinance. (b) For the purpose of this Ordinance and the Uniform Building Code, as adopted, unless a particular section, sub- section, or clause places compliance responsibility upon a different person, the owner or tenant of the premises and the person, firm, or corporation performing the work authorized by the Building Permit have the duty to insure that all applicable requirements of this Code are complied with. The owner or tenant of the premises and the person, firm, or corporation performing the work authorized by the Building Permit shall provide for the applicable materials, methods of construction, standards, and specifications required by this Ordinance and the Uniform Building Code, as adopted. The failure of the owner or tenant, or person, firm, or corporation performing the work to so provide, is a violation of this Ordinance and the Uniform Building Code, as adopted, and subjects the owner, tenant, and the person, firm or corporation to the penalty prescribed in this Ordinance and the Uniform Building Code as adopted. (c) Any person violating any of the provisions of this Ordinance or of the Uniform Building Code, as adopted, shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and each -2- violation shall be punishable as a misdemeanor by a fine of not less than $1.00 but not to exceed $200.00. Section Four. Wherever in the Uniform Building Code, as adopted by this Ordinance, it is provided that anything may or shall be done upon the approval of or subject to the direction of the Building Official, this language shall be con- strued to give the Building Official the authority only to determine whether the regulations established by the Building Code have been complied with, and shall not be construed as giving the Building Official discretionary powers. Section Five. If any section, subsection, sentence, clause, or phrase of this Ordinance or the Uniform Building Code, as adopted, is for any reason held to be invalid, such decision shall not affect the validity of the remaining por- tions of this Ordinance or of the Uniform Building Code, as adopted. The City Council hereby declares that it would have passed this Ordinance, any section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, or phrases hereof may have been declared invalid. Section Six. This Ordinance is declared to be for the General Welfare. Section Seven. That this Ordinance shall take effect and it is accordingly so ordained and this Ordinance is nowassed and approved pproved on this day of _ An'-;-�' , 1977. ATTEST: City Secretary City of The Colony, Texas (S E A L) Mayor City of The Colony, Texas -3- EXHIBIT A Exhibit A will be the Uniform Building Code, 1976 edition, of International Conference of Building Officials. EXHIBIT B TO ORDINANCE NO. OF THE CITY OF THE COLONY, TEXAS The following provisions of the Uniform Building Code, 1976 Edition, are changed to read as followss 1. Section 101. The Ordinance adopting this Uniform Building Code, including the amendments, deletions, and changed provisions provided for herein, including the adopted appendices and other provisions adopted by reference in the Ordinance, shall be known as the Building Code Ordinance and the Uniform Building Code, as adopted, may be cited and referred to herein as "this Code." 2. Section 201. There is hereby established in the City of The Colony, the "Building Department," which shall be under the jurisdiction of the Building Official designated by the appointing authority, such appointing authority being the City Council of The Colony, Texas. 3. Section 202.(c) Reports and Records. The Building Official shall submit a report to the City Council not less than once a year covering the work of the department during the pre- ceding period. He shall incorporate in said report a summary of his recommendations as to desirable amendments to this Code. The Building Official shall keep a permanent, accurate account of all fees and other monies collected and received under this Code, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. 4. Section 203. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of in- adequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal as directed by the Building Official in compliance with other procedures pro- vided by law. 5. Section 204. _Board of Adjustment. Any effected person objecting to the granting or refusing of building permits, or any effected person alleging that there is error in any order, requirement, decision, or determination made by the Building Official or his authorized representative, including approved inspectors, may appeal such decision of the Building Official to the Board of Adjustment in the City of The Colony, Texas. 6. Section 205. Violations and Penalties. Any person, firm, corporation, or associat on violating any provision of this Code shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not less than $1.00 nor more than $200.00, and each day violation of this Code con- tinues shall constitute a separate offense. 7. Section 304.(a) General. All construction or work for which a permit is required shall be subject to inspection by the Building Official or his authorized representative. EXHIBIT "B" continued... A survey of the lot may be required by the Building Official to verify compliance of the structure with approved plans. The following provisions of the Uniform Building Code, 1976 Edition, as adopted, are deleted in their entirety: 1. Section 303, paragraphs b, c, and d. 2. Section 304, paragraphs b and d, subsection 3. 3. Section 6001 4. Section 6003 5. Section 6004 6. Chapter 16 The following provision is added to the Uniform Building Code, 1976 Edition, as adopted: 1. Section 206. Saving Clause. If any section or part or portion of this Code is in conflict with any law of the State of Texas, or is hereafter adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication or conflict shall not affect the validity of this Code as a whole, nor of any section or part thereof not so adjudged invalid or uncon- stitutional, or in conflict with any law of the State of Texas. All ordinances and parts of ordinances of the City that are in conflict herewith are hereby repealed. EXHIBIT C THE UNIFORM BUILDING CODE STANDARDS 1976 EDITION