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HomeMy WebLinkAboutPO 6715: AMENDING CHAPTER 18, ARTICLE VII - EXISTING BUILDING CODE /tao nrr r•thu ^ Texa s INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: September 19, 2018 To: Harvey L. Robinson, Interim City Manager • Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections & Code Compliance _ , 1 Philip Vilardi, Building Official / Re: P. O. NO. 6715 — AN ORDINANCE AMENDNG CHAPTER 18, ARTICLE VII — EXISTING BUILDING CODE, OF THE CODE OF ORDINANCES, THEREBY ADOPTING THE 2015 INTERNATIONAL EXISTING BUILDING CODE (IEBC) 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. 6715, amending Chapter 18, Article VII — Existing Building Code, of the Code of Ordinances thereby adopting the 2015 International Existing Building Code (IEBC) 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 Analysis/Considerations: The City is currently operating under the 2012 Existing Building Code. Recommendation: Staff recommends that the City Council adopt P. O. No. 6715, thereby updating to the 2015 International Existing Building Code(IEBC). 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. 6715 09/19/18 PAV ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18,ARTICLE VII— EXISTING BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE 2015 INTERNATIONAL EXISTING BUILDING CODE (IEBC) 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 VII—Existing Building Code,of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and WHEREAS,Article VII contains each of the specific codes and ordinances that make up the Existing Building code; and WHEREAS, The State of Texas has adopted the 2015 International Existing Building Code(IEBC)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 Existing Building Code(IEBC),with the exceptions thereto; and may make variations thereof that do not substantially vary from the rules or laws of this State; 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 VII—Existing Building Code of Chapter 18—Buildings,thereby adopting the 2015 International Existing Building Code,as delineated in Exhibit A,and the red-lined version shows the amendments in Exhibit B. 1 P. O.NO. 6715 09/19/18 PAV Section 3.THAT all ordinances or parts of ordinances in conflict herewith are herein repealed,but 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_day of , 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: ALt.c.(-7D 60-6 SHERRI BELLARD VAL YIZENO CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6715 09/19/18 PAV APPROVED FOR ADMINISTRATION: L. HARVEY L. ROBINSON D • ' LENE rir /►-P ER' E INTERIM CITY MANAGER IIIRECTOR OF INS' CTIONS ODE COMPLIANCE 3 EXHIBIT "A" • ARTICLE VII. — Existing Building Code • Sec. 18-351. -Adopted. The 2015 International Existing Building Code, as published by the International Code Conference inc. is adopted in this section as the code for the rehabilitation of existing buildings in the city of Port Arthur, save and except such portions as are deleted, modified for future changes, or amended, of which code not less than one copy has been and now is filed in the office of the city secretary. Such code is hereby adopted and incorporated as fully as if set out at length in this section. The provisions of this code shall be the Existing Building code of the city of Port Arthur. Sec. 18-352. - Appendixes adopted. The city hereby adopts the following appendixes and Resources of The 2015 International Existing Building Code: Appendix A Guidelines for seismic retrofit of existing buildings. Appendix B Supplementary Accessibility requirements for existing buildings and facilities. Appendix C Guidelines for wind retrofit of existing buildings. Resource A Guidelines on fire ratings of archaic materials and assemblies. • Sec. 18-353. - Governing board. The city's construction board of adjustments and appeals shall also act as the building conservation advisory and appeals board. • Sec. 18-354. - Amendments. Section 104.8 of The 2015 International Existing Building Code is herein amended as follows: The Building Official charged with the enforcement of this code and the Director of Code Compliance acting 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 personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Director of Code Compliance Building official or employee because of such act or omission performed by the Building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings. • Secs. 18-355-18-380. - Reserved. Secs. 18-323-18-350.-Reserved. • ARTICLE VII. — Existing Building Code • Sec. 18-351. -Adopted. The 2015 International Existing Building Code, as published by the International Code Conference inc. is adopted in this section as the code for the rehabilitation of existing buildings in the city of Port Arthur, save and except such portions as are deleted, modified for future changes, or amended, of which code not less than one copy has been and now is filed in the office of the city secretary. Such code is hereby adopted and incorporated as fully as if set out at length in this section. The provisions of this code shall be the Existing Building code of the city of Port Arthur. Sec. 18-352. -Appendixes adopted. The city hereby adopts the following appendixes and Resources of The 2015 International Existing Building Code: Appendix A Guidelines for seismic retrofit of existing buildings. Appendix B Supplementary Accessibility requirements for existing buildings and facilities. Appendix C Guidelines for wind retrofit of existing buildings. Resource A Guidelines on fire ratings of archaic materials and assemblies. • Sec. 18-353. - Governing board. The city's construction board of adjustments and appeals shall also act as the building conservation advisory and appeals board. • Sec. 18-354. -Amendments. Section 104.8 of The 2015 International Existing Building Code is herein amended as follows: The Building Official charged with the enforcement of this code and the Director of Code Compliance acting 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 personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the Director of Code Compliance Building official or employee because of such act or omission performed by the Building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings. • Secs. 18-355-18-380. - Reserved. Secs. 18-323-18-350.-Reserved. EXHIBIT "B" • Sec. 18-351. - Adopted. .. - - •• --- - =- - - --• - - - - - -t e - _ _ - . -- "- - •- .et-," deleted, modified for future changes, or amended, of which code not Icsc than-One-copy-has-been - • •-.---e- • II! , -- - - • - - ..• --- - - --• - - • • .. •..• - -- city. (Code 1961, § 6213) The city hereby adopts the following appendixes of the 1997 Uniform Code for Building -- . . . -_ • - _ _ -- - - - _ . _. -ference of Building Officials: • Appendix chapter a Accessibility. Appendix chapter 4. Energy conservation. 194i-id-Mg s, Appendix h pter 6. Prescriptive provisions for seismic strengthening of cripple (Code 1961, § 6 214) The city's construction board of adjustments and appeals shall also act as the building (Code 1961, § 6 215) .- Se6. 18-354. - Amendments. Section 205 of the Uniform Code for Building Conservation is herein amended as follows: persons or property as a result of an act or by ason of all act or omission in the discharge -- -- ! =, - - e--- • - - - - -- - ---- -- - - _ e-- - legally - - legally occupied. (Code 1961, §§6216, 6217) • ARTICLE VII. — Existinq Building Code • Sec. 18-351. -Adopted. The 2015 International Existinq Building Code,as published by the International Code council inc.is adopted in this section as the code for the rehabilitation of existing buildings in the city of Port Arthur, save and except such portions as are deleted,modified for future changes,or amended,of which code not less than one copy has been and now is filed in the office of the city secretary. Such code is hereby adopted and incorporated as fully as if set out at length in this section.The provisions of this code shall be the Existinq Building code of the city of Port Arthur. Sec. 18-352. -Appendixes adopted. The city hereby adopts the following appendixes and Resources of The 2015 International Existinq Building Code: Appendix A Guidelines for seismic retrofit of existing buildings. Appendix B Supplementary Accessibility requirements for existing buildings and facilities. Appendix C Guidelines for wind retrofit of existing buildings. Resource A Guidelines on fire ratings of archaic materials and assemblies. • Sec. 18-353. - Governing board. The city's construction board of adjustments and appeals shall also act as the building conservation advisory and appeals board. • Sec. 18-354. -Amendments. Section 104.8 of The 2015 International Existing Building Code is herein amended as follows: The building official charged with the enforcement of this code and Director of Code Compliance acting 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 personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties.A suit brought against the building official, Director of Code Compliance or employee because of such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings. • Secs. 18-355-18-380. - Reserved.