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HomeMy WebLinkAboutPO 6713: AMENDING CHAPTER 18, ARTICLE IV-GAS CODE � 10, .il rthu — TraQs INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: September 18, 2018 To: Harvey L. Robinson, Interim City Manager Mayor and City Council t From: Darlene Thomas-Pierre, Director of Inspections& Code Complian" , f Philip Vilardi, Building Official Re: P. O. NO. 6713 — AN ORDINANCE AMENDNG CHAPTER 18, ARTICLE IV — GAS CODE, OF THE CODE OF ORDINANCES, THEREBY ADOPTING THE 2015 INTERNATIONAL FUEL GAS CODE (IFGC) AND RELATED REFERENCES, AND LIFE SAFETY CODES; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION COMMENT Nature of the Request: Staff recommends that the City Council adopt P. O. No. 6713, amending Chapter 18, Article IV — Gas Code, of the Code of Ordinances thereby adopting the 2015 International Fuel Gas Code (IFGC) to coincide with codes adopted by the State of Texas; and providing for a penalty, for publication and for an effective date. This will ensure safer construction standards for the City of Port Arthur. Staff Analvsis/Considerations: 111c City is currently operating under the 2012 Gas Code. Recommendation: Staff recommends that the City Council adopt P. O. No. 6713, thereby updating to the 2015 International Fuel Gas Code. Budget Consideration: Not Applicable. DTP cc: Ron Burton, Assistant City Manager "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089•409/983-8209•FAX 409/983-8130 P. O. NO. 6713 09/18/18 DTP ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18,ARTICLE IV— GAS CODE,OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE 2015 INTERNATIONAL FUEL GAS CODE(IFGC)AND RELATED REFERENCES, AND LIFE SAFETY CODES; PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, Chapter 18, Article IV — Gas Code, of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and WHEREAS, Article IV contains each of the specific codes and ordinances that make up the gas code; and WHEREAS,The State of Texas has adopted the 2015 International Fuel Gas Code(IFGC)and related references, and life safety codes; and WHEREAS,the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the 2015 International Fuel Gas Code(IFGC),with the exceptions thereto;and may make variations thereof that do not substantially vary from the rules or laws of this State; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City of Port Arthur hereby amends the existing Article IV — Gas Code of Chapter 18 — Buildings, thereby adopting the 2015 International Fuel Gas Code, as delineated in Exhibit A, and the red-lined version shows the amendments in Exhibit B. 1 P. O. NO. 6713 09/18/18 DTP Section 3.THAT all ordinances or parts of ordinances in conflict herewith are herein repealed,hut only to the extent of said conflict. Section 4.That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5.That this Ordinance or its caption and penalty shall be published one(1)time within ten(10)days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the 8th day of October, A.D.. 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: SHERRI BELLARD VAL TI. : O CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6713 08/14/18 DTP APPROVED FOR ADMINISTRATION: 1 • - HARVEY L. ROBINSON DA' ENE T `ice`'1111"7-'74- INTERIM 1111"''T INTERIM CITY MANAGER ►'IRECTOR OF INSPECTIONS/ CODE COMPLIANCE • 3 EXHIBIT "A" • ARTICLE IV. - GAS CODE • Sec. 18-261. - Adopted. The 2015 International Fuel Gas Code, 2015 Edition, referred to in this article as the "gas code", as published by the International Code Council, Inc., is adopted in this section as the gas code of the city, save and except such portions as are deleted, modified or amended by section 18-261, of which code not less than one has been and now is filed in the office of the city secretary. Such code is adopted and incorporated as fully as if set out at length in this section, and from the date on which this section shall take effect, the provisions of such code shall be controlling within the limits of the city. • Sec. 18-262. - Amendments to code. The gas code adopted by section 18-261 is hereby amended, altered and changed in the following respects: ENFORCEMENT 103.1 General. The Department of Inspection is hereby amended to read as the Permits and Inspection Division. The executive in charge thereof shall be known as the Building Official. All references to the code official shall be that of the Building Official and or the Plumbing Inspector. 103.2 Appointment. Delete. 103.3 Deputies. Delete. 103.4 Liability. The Director of Code Compliance, Building Official or employees (Plumbing/Building Inspector) charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 109 MEANS OF APPEAL 109.1 Application for appeal. Any person shall have the right to appeal a decision of the plumbing inspector to the Construction Board of Adjustment and Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served or in written letter requesting a hearing. 109.2 Delete. 109.2.1 - 109.2.6 Delete. • Secs. 18-263-18-290. - Reserved. EXHIBIT "B" I ARTICLE V. PLUMBING CODE • ARTICLE IV. - GAS CODE' • Sec. 18-261. - Adopted. The 2012 2015 International Fuel Gas Code, 2012 2015Edition, referred to in this article as the "gas code", as published by the International Code Council, Inc., is adopted in this section as the gas code of the city, save and except such portions as are deleted, modified or amended by section 18-261, of which code not less than one has been and now is filed in the office of the city secretary. Such code is adopted and incorporated as fully as if set out at length in this section, and from the date on which this section shall take effect, the provisions of such code shall be controlling within the limits of the city. (Code 1961, § 6-141; Ord. No. 08-05, exh. A, 1-2-2008; Ord. No. 12-73 , § 2(exh. A), 10-16-2012) • Sec. 18-262. - Amendments to code. The gas code adopted by section 18-261 is hereby amended, altered and changed in the following respects: ENFORCEMENT {A} 103.1 General. The Department of Inspection is hereby amended to read as the Permits and Inspection Division -- ..' . . • .-. e • `' .-. The executive in charge thereof shall be known as the !' -_ e e _ ..- - . _ ----Building Officialt Department. All references to the code official shall be that of the Code Enforcement Director Building Official and or the Plumbing Inspector. {A} 103.2 Appointment. Delete. {A} 103.3 Deputies. Delete. [A] 1 3.4 Liability. The Director of Code Enforcement or employees The Director of Code Compliance, Building Official or employees (Plumbing/Building Inspector) charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code enforcement director Building Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. SECTION 109 MEANS OF APPEAL [A] 109.1 Application for appeal. Any person shall have the right to appeal a decision of the plumbing inspector to the Construction Board of Adjustment and Appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served or in written letter requesting a hearing. [A] 109.2 Delete. [A] 109.2.1 Delete. (Code 1961, § 6-142; 08-05, exh. A, 1-2-2008; Ord. No. 12-65 , § 2(exh. A), 10-2-2012) • Secs. 18-263-18-290. - Reserved.