HomeMy WebLinkAboutPO 6272: ADOPTING 2012 INTERNATIONAL BUILDING CODE P.O. 6272
09 -21 -12
LB
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 (BUILDINGS) ARTICLE II
BUILDING CODES SECTION 18 -31, SECTION 18 -32, SECTION 18 -33 BY
ADDING A SECTION (B105)(a) AND SECTION 18 -37 OF THE CODE OF
ORDINANCES OF THE CITY OF PORT ARTHUR, AS TO ADOPT THE
INTERNATIONAL BUILDING CODE, 2012 EDITION PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL INC.; 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, 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, the City Council deems it in the best interest of the citizens of the
City of Port Arthur to adopt the International Building Code, 2012 Edition, as
published by the International Code Council Inc. and may make variations
thereof that do not substantially vary from the rules or laws of this State and
WHEREAS, the City Council of Port Arthur deems it in the best interest of the
citizens of the City to adopt the 2012 International Building Code with the
exceptions thereto
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Section 18 -31, Section 18 -32, Section 18 -33 (B -105) (a) and
Section 18 -37 of the Building Code of Ordinances is amended to read as set
forth in Exhibit "A ".
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herein repealed, but only to the extent of said conflict.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 Tess than
One ($1.00) Dollar nor more than ($2,000) Dollars 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.
1
Section 6. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council
READ, ADOPTED AND APPROVED on this day of October A.D.,
2012, at a Regular Meeting of the City Council of Port Arthur, Texas, by the
following vote: AYES:
Mayor: •
Councilmembers: •
•
•
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED TO F •
ITY ORN • Y
APPROVED FOR ADMINISTRATION:
CITY MANAGER
IR' CTOR OF CODE FOCEMENT
2
EXHIBIT "A"
3
ARTICLE II BUILDING CODES
SECTION 18 -31. ADOPTED
The International Building Code, 2012 Edition, hereinafter referred to as the
"Building Code" as published by the International Building Code Council Inc., is
herein adopted as the Building Code of the City of Port Arthur, save and except
such portions as are hereinafter deleted, modified, or amended, of which code
not less than one (1) copy has been and now is filed in the office of the City
Secretary of the City of Port Arthur and the same is hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this
Section shall take effect, provisions thereof shall be controlling within the limits of
the City of Port Arthur.
SECTION 18 -32
The International Building Code 2012 Edition Appendices, Amendments and
Exceptions adopted by this Article, are hereby amended, altered and changed in
the following respects:
Section - 101.2.1 Appendices. The appendices listed herein are adopted for
enforcement.
Appendix "C" (Group U — Agricultural Buildings)
Appendix "D" (Fire Districts)
Appendix "E" (Supplementary Accessibility Requirements)
Appendix "F" (Rodent Proofing)
Appendix "G" (Flood Resistant Construction) Delete Section G105 Variances
Appendix "H" (Signs)
Appendix "I" (Patio Covers)
Appendix "K" (Administrative Provisions)
Section 101.4 Referenced codes. The other codes listed in Sections 101.4.1
through 101.4.7 and referenced elsewhere in this code shall be considered part
of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Electrical. The provisions of the NEC 2011 Electrical Code shall apply to
the installation of electrical systems, including the alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
101.4.2 Gas. The provisions of the 2012 International Fuel Gas Code shall apply
to the installation of gas piping from the point of delivery, gas appliances and
related accessories as covered in this code. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections of
appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
4
101.4.3 Mechanical. The provisions of the 2012 International Mechanical Code
shall apply to the installation, alterations, repairs and replacement of mechanical
systems, including equipment, appliances, fixtures, fittings and /or appurtenances,
including ventilating, heating, cooling, air - conditioning and refrigeration systems,
incinerators and other energy - related systems.
101.4.4 Plumbing. The provisions of the 2012 International Plumbing Code shall
apply to the installation, alteration, repair and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
The provisions of the International Private Sewage Disposal Code shall apply to
private sewage disposal systems.
101.4.5 Property maintenance. The provisions of the 2012 International
Property Maintenance Code shall apply to the existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life and fire
safety hazards; responsibilities of owners, operators and occupants; and
occupancy of existing premises and structures.
101.4.6 Fire prevention. The provision of the 2012 International Fire Code shall
apply to matters affecting or relating to structures, processes and premises from
the hazards of fire and explosion arising from storage, handling or use of
structures, materials or devices; from conditions hazardous to life, property or
public welfare in the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire suppression and
alarm systems or fire hazards in the structure or on the premises from occupancy
or operation.
101.4.7 Energy. The current provisions of the International Energy Conservation
Code shall apply to all matters governing the design and construction of buildings
for energy efficiency.
Section 103 - Department of Building Safety is hereby amended to read as
follows:
103.1- Creation of enforcement agency. The Code Enforcement Department is
hereby charged with the enforcement of this code and the Director of Code
Enforcement will be the chief enforcement officer.
Section 105- Permits, is hereby amended to read as follows:
Section 105.1.1 Annual permit is deleted.
Section 105.1.2 Annual permit records are deleted.
Section 105.2 Work exempt from permits. Exemptions from permit requirements
of this code shall not be deemed to grant authorization for any work to be done in
any manner that violates the provisions of this code or any other laws or
ordinances of the City of Port Arthur. Permits shall not be required for the
following:
5
Buildings:
1. One -story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120
square feet (11.15m2).
2. Oil derricks.
3. Painting, papering, tiling, carpeting, cabinets counters tops, and similar finish
work.
4. Temporary motion picture, television and theater stage sets and scenery.
5. Prefabricated swimming pools accessory to Group R -3 occupancy, as
applicable in Section 101.2, which are Tess than 24 inches (610mm) deep, do
not exceed 5,000 gallons (19000 L) and are installed entirely above ground.
6. Shade cloth structures constructed for nursery or agricultural purposes and
not including service systems.
7. Swings and other playground equipment accessory to one and two family
dwellings.
8. Windows awnings supported by an exterior wall of Group R -3, as applicable
in Section 101.2, and Group U occupancies.
9. Movable cases counters and partitions not over 5 feet 9 inches (1753) in
height.
Section 105.6 Suspension or Revocation. The director of code enforcement is
authorized to suspend or revoke a permit issued under the provisions of this
code wherever this permit is issued in error or on a basis of incorrect, inaccurate
or incomplete information, or in violation of the any ordinance or regulation or any
of the provisions of this code or the permitee has not complied with the
demolition work plan agreement.
106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire
protection system(s) shall be submitted to the Fire Marshal's Office for review.
Section 110.3 Certificate Issued is hereby amended to read as follows:
Section 110.3- After the Director or his designees inspect the building or
structure and finds no violations of the provisions of this code or other laws that
are enforced by the department of building inspections, the Director shall issue a
certificate of occupancy that shall contain the following:
1. The buildings permit number.
2. The address of the structure.
3. The name and address of the owner.
4. A description of that portion of the structure for which the certificate is
issued.
5. The name of the building official.
6. The use and occupancy, in accordance with the provisions of Chapter 3.
7. The type of construction as defined in Chapter 6.
8. Any special stipulations and conditions of the building permit.
6
Section 112- Board of Appeals is hereby amended to read as follows:
Section 112.1 General
The City's Construction Board of Adjustments and Appeals shall decide and hear
all appeals of order made to the Director of Code Enforcement relevant to the
application and interpretation of this code. The Board may adopt rules and
procedures.
Section 308.6 Institutional Group I -A, day care facilities. This group shall
include buildings and structures occupied by more than five persons of any age
who receive custodial care for fewer than 24 hours per day by persons other than
parents or guardians, relatives by blood, marriage or adoption and in a place
other than the home of the person cared for. This group shall include, but not
limited to, the following:
Adult day care
Child care
These facilities will be required to have a current a license from the State of
Texas to operate; they must also maintain a current Health Inspection from
the City of Port Arthur's Health Department, have a Certificate of
Occupancy from the City's Building Inspection Division and have a current
Fire Inspection from the Fire Department. They must also have an annual
inspection performed by the Health Department and the Fire Department in
order to maintain their Certificate of Occupancy. Failure to meet the listed
criteria will be cause for revocation of the Certificate of Occupancy. Failure
to meet any of these requirements will result in the revocation of the City's
Certificate of Occupancy.
Section 3109 Swimming Pool Enclosures is hereby amended to read as
follows:
3109.3 Public swimming pools. Public swimming pools shall be completely
enclosed by a fence 6 feet in height or a screened enclosure. Openings in the
fence shall not permit the passage of a 4 -inch sphere. The fence or screened
enclosure shall be equipped with self - closing and self - latching gates.
Section 3202.3.1 Awnings, canopies, marquees and signs is hereby deleted.
Section 420 Groups 1 -1, R -1, R -2, R -3
Section 420.4 Automatic Sprinklers Systems. Group R -3 (One and Two
Family dwellings) occupancies shall not be required to be equipped with an
automatic sprinklers system as per SB 1410 of the Texas Legislature.
Section 18 -33
Section B -105, Plan Checking Fee:
When the valuation of the proposed construction exceeds $1,000 and plans are
required to be submitted per section B -104 2012 International Building Code, a
plan checking fee shall be paid prior to the issuance of a building permit. Such
plan- checking fee shall be equal to (1/2) of the building permit fee. The plan
checking shall be in addition to the building permit fee.
Section B- 105(a): Prior to the start of any new construction activity a Storm
Water Permit shall be issued pursuant to Section 26.040 of the Texas Water
Code and Section 402 of the Clean Water Act. Base fee for this permit is $45.00
per acreage.
Section 18 -37. Contractor liability Insurance or bonds
It shall be the duty of every contractor or builder engaged in the business of
erecting, construction, enlarging, repairing, moving, improving, converting or
demolishing buildings and structures for which a permit is required, and every
contractor or builder making such contracts and subletting such structures or any
of their parts, to deposit with the City good and sufficient general liability
insurance listing the City of Port Arthur as a certificate holder in the amount of a
minimum of a $100,000 for large commercial projects approved by the Director of
Community Services /Code Enforcement Director or his designee; conditioned
that the person engaged in such business will faithfully observe and conform to
the regulations of the City's Building Code and other ordinances of the City in
reference to construction, enlargement, repair, moving, improving, removing,
conversion or demolition of buildings and structures. The city shall be indemnified
and held harmless from all claims, suits, actions and proceedings of every nature
and description arising from accidents and damage of any character whatsoever
caused by such person or agents or employees engages in such business, on
account of failure to conform to the regulations of the City's Building Code and
other ordinances of the City in reference to such permitted work.
(1)Contractors who specialize in minor repair work such as roof work, foundation
repair work will be required to provide a bond in the amount of $15,000 approved
by the director or his designee conditioned that the person or persons performing
the work comply with the regulations of the city's building codes and other
ordinances.
8