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HomeMy WebLinkAboutORD 1896 Ordinance amending Code relating to Signs and Advertising and Permit Terms and Demolition and Electrical Work and Technical CodesCity of West University Place Harris County, Texas Ordinance No. 1896 AN ORDINANCE RELATING TO SIGNS, ADVERTISING, PERMIT TERMS, DEMOLITION, ELECTRICAL WORK AND TECHNICAL CODES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the building official of the City has proposed certain amendments to the Technical Codes Schedule (and standard codes that are incorporated into the Code of Ordinances by that schedule); and WHEREAS, such amendments were referred to the Building & Standards Commission, which has recommended them for consideration and adoption by the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The Code of Ordinances of the City of West University Place, Texas is hereby amended as indicated in the chart, below, and in the five documents that are attached to and made a part of this ordinance, as follows: Title of attached document Date of Code provisions attached amended document Proposed amendments to Chapter 6 3-31-09 Various sections of (signs, advertising) Chapter 6 (see attached document) Proposed amendments to Chapter 18 3-31-09 Section 18-10 (see (permit terms) attached document) Proposed amendment to Chapter 18 3-31-09 Section 18-65 (see (demolition) attached document) Proposed amendments to Chapter 26 3-31-09 Various sections of (electrical) Chapter 26 (see attached document) Proposed updates and amendments 3-31-09r Various provisions of the for Technical Codes Schedule Technical Codes Schedule (see attached document) Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance shall take effect on June 26, 2009. This Ordinance shall apply to offenses committed on or after the Effective Date. For this purpose, an offense is committed after the Effective Date if any element of the offense occurs on or after the Effective Date. Other offenses are covered by the ordinances in effect at the time, and such ordinances are continued in effect for that purpose. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 27th day of April , 2009 Councilmembers Voting Aye: Kelly, Fry, and Cohen Councilmembers Voting No: None Councilmembers Absent: Guffey PASSED, APPROVED AND ADOPTED ON SECOND AND FINAL READING AND SIGNED on the 11th day of May , 2009 . Councilmembers Voting Aye: Kelly, Fry, and Guffey S oCouncilmembers Voting No: None Councilmembers Absent: Cohen s~ v r k ese Signed: T elma Lenz, Ci_ttyBob Kelly, May Recommended: Michael Ross, City Manager Approved as to legal for ~X-~",n Petrov, City Attorney (prepared by James L. Dougherty, Jr.) Proposed amendments to Chapter 6 (signs, advertising) 3-31-09 See. 6-21. Procedures, defenses, etc. (a) Permit and license procedures. The procedures prescribed by this Code for administering building permits (including issuance, revocation, suspension, transfer, etc.) shall also apply to permits under this chapter. The building official may modify forms, etc., to conform to this chapter. All actions of the building official under this chapter, and all applications for interpretations or variances, are subject to the authority of the BSC in the same manner as similar, building-related actions. (b) Prior nonconfonnities. In any proceeding to enforce this article, it is an affumative defense that, at the time of the offense, the entire sign in question (or at least the aspect of the sign alleged to be in violation) had status as a prior nonconformity. Both the acquisition of PNC status and the loss of PNC status are determined by the principles and procedures set out in article 12 of the zoning ordinance, except that the BSC has the authority of the ZBA. In addition: 1 LChanging only the face of a sign, or only the message, does not alter the PNC status of any sign, provided there is no structural alteration or other change. (2) A non-conforming sign without current PNC status may not be moved repaired, replaced, reconstructed or altered unless it is brought into full compliance with this Chapter. j?) On premises where there is a non-conforming sign without current PNC status, no other sign may be placed constructed improved or structurally altered (4) Upon application of the building official and after providing both notice and an opportunity for a hearing to the owner of the premises the BSC may order that a sign without current PNC status be removed relocated or reconstructed If compensation is required by state or federal law at the time that such action is required, the order shall be conditioned upon compensation being provided (c) Other defenses. In any proceeding to enforce this chapter (but not in a proceeding to enforce state law such as, for example, a proceeding involving a sign on a public road), it shall be an affirmative defense that the sign in question: (1) Was not directed toward persons in motor vehicles within a street area, and no symbols on the sign were taller than 12 inches; (2) Did not remain in one place for three hours or more, (3) Was located more than 30 feet from the nearest street area and completely integrated into the design of a vending machine; or (4) Was required to be displayed by an applicable regulation. It shall also be defense in any proceeding to enforce this chapter with respect to a sign that: 6) the proceeding, in effect, required the sign to be relocated, reconstructed or removed under circumstances (and at a time) when state law required compensation, and (ii) such required compensation was neither offered nor provided as required. (Code 2003, § 1203) See. 6-26. Location, construction. (a) Generally. Signs may only be placed and constructed in such places and in such a manner that they will not create a traffic, stomi, personal injury or fire hazard. Signs are subject to the zoning ordinance (which regulates, for example, height, placement in yards and orientation on certain comer sites) and all the other applicable regulations. (b) Building sites. No sign may be located outside a building site, except for signs duly authorized in street areas and other areas owned or leased by the city. Any sign advertising the name of any eeneiel-business or institution, or advertising anything for sale or lease, must bed located on the same building site where the business or institution is eenduetedlocated and operated, or the same building site where the thing is actually for sale or lease, as the case may be, and (ii) covered, blanked-out or concealed within 30 days following the day when the business or institution ceases to be located or operated on the site (or the day when the thintt is no longer for sale or lease on the site, as the case may be). (c) Screening. The rear of each fixed sign shall be screened so that the supporting structural members are not readily visible by a person: (1) Upon a street area; (2) Upon any site used for SFR purposes; or (3) Within any building used for SFR purposes. Lattice work, plantings, sign display area or another part of a structure may be used for such screening. Exception: The screening requirement does not apply to structural members that are completely integrated into the design of the sign, both structurally and visually. (d) Condition and appearance . Every sign, and its screening, shall be kept in good condition as to structure and appearance. (e) Power lines. No part of any sign may be located within ten feet of any power line. (Code 2003, § 3.208) Proposed amendments to Chapter 18 (permit terms) 3-31-09 Sec. 18-10. Permit term, renewal. (a) Term. Each permit shall be effective for a term beginning upon its issuance and ending at noon on the appropriate day indicated below, unless it is sooner revoked, canceled or suspended: TABLE INSET: Type of permit flay When Term Ends Building moving 60th day following day of issuance Fwtees Demolition 60th day following day of issuance liemodelina or additions smaller than 485 sa. ft. of Bross floor 180th day followim, day of issuance ' area swimminkpools. spab and aceessorv strudm's 180th day following day of issuance M h u l l i l 180th day followine day of i.csummce unless associated with a master ec an , e ectr a ca l bi permit with a teen ending later, in which case the term ends with the term or o um ne of the master rmit. Fence 90th day following a of issuance Driveway or sidewalk 90th d• following a of issuance Tree permits 9( a following day of issuance Occupancy certifrca[es indefinite term; valid until revoked, canceled or suspended, unless a specific temporary term is included in the permit All other types 360th day following day of issuance (b) Renewal. Each permit shall be subject to renewal as of its expiration by the filing of a renewal application with the building official. To be effective, renewal applications must be filed on or before the fifth day preceding the day of expiration of the permit to be renewed and must be accompanied by all required and supporting materials called for by the application form, which shall be promulgated by the building official. (c) Partial renewal. When part of the activity of an original permit has been completed, the renewal permit may be limited to that part of the activity that remains to be completed, but only if such a limitation is feasible, not likely to interfere with enforcement procedures and approved by the building official. (d) Temporary, conditional permits. The building official may issue temporary or conditional permits if the building official determines that: (1) Appeal or enforcement proceedings are pending or contemplated; (2) The permit helps to reconcile two or more applicable regulations; (3) In the case of a project including major development, it appears that the work has been completed in compliance with applicable regulations, and the permittee is diligently pursuing the preparation of an "as built" site plan; or (4) The permit helps achieve compliance with an applicable regulation. The building official may cause a notice of such a temporary or conditional occupancy permit to be recorded in the real property records of the county. (Code 2003, § 6.110; Ord. No. 1748, § 1(6.110(d)), 8-11-2003) Proposed amendment to Chapter 18 (demolition) 3-31-09 See. 18-0. Demolition. (a) Dun, to remove, restore. It shall be the duty of each permittee on a demolition permit, at the time required by this section: (1) To remove and properly dispose of th ach demolished structure and all equipment, slab, beams, porches, rubble, steps and other debris resulting from the work; and (2) Grade the surface of all the ground affected by the work so that water will not accumulate and the ground can be mowed with ordinary lawnmowers. (b) Demolition of principal building If a Principal building is demolished the permittee shall also demolish all other structures on or appurtenant to the site (including private driveways sidewalks, curb cuts, etc. in the adjoining street area) and remove dispose made etc as provided above. Exceptions: (1) This subsection does not apply to existing structures that are proposed to be kept as accessory structures for a new principal building, if. (i) they comply with within the time allowed by that permit. If a swimming pool or similar impoundment is proposed to be kept under this subsection it must be fenced covered and maintained so that children cannot enter (and water cannot become stagnant or breed insects). (2) This subsection does not apply to a driveway between the curb and sidewalk in the street area, if the owner of the site: (it declares an intent to re-use them to cash deposit to cover the estimated cost of removal plus 50% (l(cl Notice, completion, etc. Demolition permittees shall notify the building official before work begins, shall prosecute the work diligently to completion and shall complete the removal, disposal and grading on or before the tenth day following the day work begins. It is an affirmative defense in any proceeding to enforce this section that: (1) Inclement weather prevented completion and that diligence was used to complete the work at the earliest practicable time; or (2) If work occurred before the start of such ten-day period, it consisted of salvage operations only, it took place completely inside a building (without any outdoor storage, without any exterior changes on the site and without disturbing any window, outside door or other external part of the building), and it occurred during the term of the demolition permit. (Ord. No. 1848, § Kapp. A), 7-9-2007) Proposed amendments to Chapter 26 (electrical) 3-31-09 Sec. 26-33. Service entrance conductors. In any residence, apartment, apartment house, commercial building or other building of whatsoever character now existing or to be constructed within the city, all service entrance conductors, including underground conductors, shall have a minimum current-carrying capacity of 150 amperes. On buildings with existing service, this requirement shall apply when: (1) Load is added or modified; (2) An existing service is found to be inadequate for demand; or (3) An unsafe condition exists. Excevrion: Existing dwellings with a framed area of less than 1500 square feet may have conductors with a minimum current-carrying capacity of 125 amperes (Code 2003, § 8.024) Sec. 26-34. All-service disconnect. In every building now existing or to be constructed within the city, there must be an "all-service disconnect" accessible on the outside of the building and located as close as practicable to the meter. It shall consist of one switch or circuit breaker having a continuous current rating of no less than 150 amperes. On buildings with existing service, this requirement shall apply when load is added or modified or whenever an unsafe condition exists or when replacing main service panel, ail-service disconnect, service riser or service underground lateral Exception: Existing dwellings with a framed area of less thga 1500 square feet may have a main "all service disconnect" with a minimum continuous current rating of 125 amperes (Code 2003, § 8.025) 1 Sec. 26-35. Wires, cables. conductors and circuits. (a) Wires, cables and conductors. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to install or use any of the following in connection with electrical work for any structure in the city: (1) Any m wire other than solid or stranded copper; (2) Any wire smaller than gauge 42A -.12 AWG; of (3) Any wire without a separate ground, either in the same cable or in the same conduit.- (a) Armored cahle, type A/C: (5) MC Cable, unless the exterior armor is color-coded blue its entire length by the manufacturer to distinguish it from other flexible metallic conduit svstems~ (6) Non-metallic sheathed cables as listed in article 334 of the NEC (2008 ed.). but this prohibition only applies to multifamily dwellings with more than one floor above grade• or (7) Non-metallic sheathed cables as listed in article 334 of the NEC (2008 ed.), except in buildings used and occupied exclusively for residential purposes (without any non-residential occupancies or mixed uses even if only accessory or incidental). (b) Circuits. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to install or use more than ten openings (outlets or fixtures) on any single electrical circuit for any structure in the city. (c) Old work. In any proceeding to enforce this section with respect to: (1) AWire smaller than gauge 42/4 11 AWG; or (2) AWire lacking a separate ground; or (3) h4aving more than ten openings on a single circuit; ilt shall be an affirmative defense that the item was installed in strict accordance with an electrical permit issued by the city prior to September 1, 1994. (Code 2003, § 8.026) Sec, 26-36• Additional grounding eleetrode eendoeterTG roundioe, GFCI's etc.. (a) SunDlemental grounding On any new service or change-out service there is hereby . must be a supplemental grounding electrode as specified in article 250.52(A) of the NEC (2008 ed.), with the grounding electrode conductor sized per table 25066 of the NEC (2008 ed.). (b) Certain GM's The ground-fault circuit-interrupter required for a hydro-massage bathtub by Section 680.71 of the of NFPA 70 (2008 ed.) may not be located under such a bathtub and must be readily accessible (Code 2003, § 8.027) Proposed updates and amendments for technical codes schedule 3-31-09r APPENDIX C TECHNICAL CODES SCHEDULE International Building Code fI8C1. 288320 LEd., International Code Council, Inc. International Energy Conservation Code IIECCI• 2a39X2 M Ed., International Code Council, Inc. International Fire Cade ( FC1, 28Ba-2006 Ed., International Code Council, Inc. International Fuel Gas Code flFGC) 2988-2006 Ed., International Code Council, Inc. International Mechanical Code (IMC) , 29832006 Ed., International Code Council, Inc. International Plumbing Code I( PC), 2983 f2 )06 Ed., International Code Council, Inc. International Residential Code-UM, 29832006 Ed., International Code Council, Inc. (BOCA) National Building Code, 1996 Ed., Building Officials & Code Administrators Intl, Inc. National Electrical Code (NEC1. 89832006 Ed., National Fire Protection Association, ('NEC") International Property Maintenance Code f( PMC). 2884-2006 Ed., International Code Council, Inc. Sec. C-101. Adoption Subject to the amendments and deletions and interpretations indicated beneath each code, each of the fellewing odes referred to in this Appendix C, including all of its published appendices and attachments, is adopted, ordained and made a part of the Code of Ordinances of the City and of each chapter where it is referenced, except as otherwise expressly provided. Sec, C-102. Procecure for amendments etc The procedure for adopting new codes, updated codes, local amendments and provisions for administration and enforcement of these codes is as follows: (1) proposal by the building official or other appropriate City official, (2) referral to the Building & Standards Commission, (3) consideration by the City Council, after giving required meeting notices, and (4) adoption and publication, as required by Article II of the City Charter. Sec. C-103. Interpretation In all codes adopted by this Schedule, unless otherwise specially indicated: (i) the adopting jurisdiction is the City, including all territory subject to the City's regulatory authority; (ii) provisions regarding violations and enforcement shall supplement--not replace or change--other provisions in the Code of Ordinances; (iii) provisions regarding permits, including requirements, form, issuance, revocation, suspension, exemptions, fees, etc. are replaced by similar provisions elsewhere in the Code of Ordinances; (iv) provisions for personnel, officers, boards, commissions, departments, etc. are replaced by other provisions of the Code of Ordinances; (v) administrative and executive functions such as permits, enforcement, etc. are assigned to the building official; (vi) judicial and quasi-judicial functions such as appeals, variances, etc. are assigned to the BSC; and (vii) rulemaking, legislative functions and all other functions not mentioned are reserved to the City Council. (Ord. No. 1823, § 1, 5-8-2006) Sec. C-104. International Buildlna Code 1. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC. 2. On sites primarily used for residential purposes, all roofs must have Class A or better fire resistance, as determined under Sec. 1505.1, except that wooden roofing materials are forbidden. 3. The foundation for each new building (and each new addition to a building) GeF4aining habitable spaes (as ust meet all the criteria in this section, as applicable. Excention• If the building or addition does not contain habitable n........ L.. Jam[..-~J al_ , ♦ . space." as indicated below. In this section: "A2LA Lab" means a laboratory accredited by the American Association for Laboratory Accreditation on the basis of ISOAEC 17025:1999 ("general requirements for the competence of testing and calibration laboratories"). "RLPE" means a licensed or registered professional engineer of the State of Texas who is: (1) listed with the State Board of Professional Engineers in either the civil or structural branch of engineering (but, from and after May 1, 2006, listing in the structural branch is required); (2) employed by a registered engineering firm of the State of Texas; and (3) (unless waived by the BSC as provided in "f" below) covered by professional errors and omissions insurance that: (i) has limits of at least $250,000 per claim (and at least $500,000 per year, aggregate) and (ii) has effective dates-including any retroactive coverage date-that include the entire period when the person provides services or takes actions regulated by this section. "RLGE" means a person who is: (1) either: (a) a registered professional geoscientist of the State of Texas, or (b) a licensed or registered professional engineer who is listed with the State Board of Professional Engineers in a relevant branch of engineering (civil, structural or geological) and employed by a registered engineering firm of the State of Texas; and (2) covered by professional errors and omissions insurance that: (i) has limits of at least $250,000 per claim (and at least $500,000 per year, aggregate) and (ii) has effective dates-including any retroactive coverage date-that include the entire period when the person provides services or takes actions regulated by this section. a. Engineering . Foundations must be constructed in accordance with complete plans and specifications prepared, signed and sealed by a RLPE. The plans and specifications must be prepared specifically for the site of the work, and they must meet criteria as to scope, content and form specified by the building official. If there are existing trees (either to remain or to be removed) within 20 feet of a foundation, the RLPE must acknowledge, in writing, that the trees have been taken into account in the preparation of the plans and specifications. b. Basic Standards. Each foundation must be an approved basic type listed in the following chart. In addition, the design of each foundation must be supported by a geotechnical report and special engineering certification, to the extent indicated in the following chart. TABLE INSET: ons are a road and described m Foundation Design Options For Residential and Other Low-Rise Buildings on Expansive Soils' published by the Structural Approved Basic Types. Sae Geotechnical Report Spacial Engineering Note 1. See Notes 2 and I Certification. Sea Note 4. Structural slab with void space and deep foundations limited Nof required Structural floor with crawl space and deep foundations Limited Not required Stiffened structural slab with deep foundations Full Required Stiffened non-structural slab with deep foundations Full Required Mixed-depth system for all new Full building construction Required Mixed-depth system for building additions with deep Full Required foundations Mother type approved by special exception issued by the As specified in the As specified in the special BSC. See "/,'below. special exception exception Nora 1. Approved Bask Types Typ es of foundatl d r Committee of the Foundation Performance Association, Houston, Texas (Document # FPA-SC-01-0, Rev #0, 30 Jun 04, marked 'For Website Publishing'), a copy of which is on file in the City Secretary's office ('FDO'). Note 2. Gootachnicai RspoA Standards. The plans and specifications for each foundation must be based on a written geotechnical report prepared, signed and sealed by a RLGE. The report must cover all testing and site evaluation, and all must meet all applicable criteria in 'Recommended Practice for Geotechnical Explorations and Reports' published by the Structural Committee of the Foundation Performance Association, Houston, Texas (Document # FPA-SC-04-0, Rev #0, 11 April 2001, issued for webske publishing), a copy of which is on file in the City Secretary's office. The report may by limited as allowed by Note 3 below. The minimum depth of borings is 20 feet in all cases. AN required tests and other laboratory work must be performed by an A21A Lab. Note 1 Gsollochnled Report Scope. 'Limited' indicates that the geotechrdcal testing, evaluation and report may be IimRed to a determination of the appropriate depth for the deep foundations (but the deep foundation componeme must meet the other criteria applicable to them). 'Full' indicates that the geotechnical testing, evaluation and report must cover all foundation components. Nots 4. Spacial Engineering Cwtftstion. Where indicated as 'required,' for a particular type of foundation, the RLPE must certify that the plans and specifications were prepared to achieve a soi-caused foundation movement potential of one inch or less, and that the RLPE used the estimated depth of the active zone and at least two of the following methods to prepare the plans and specifications: (1) Potential vertical rise (PVR) determined in accordance with Test Method Tex-124-E, Rev. January 1, 197arDecembar 1982, Texas State Department of Highways and Pudic Transportation, Materials and Test Division, 'Method for Determining the Potential Vertical Rise, PVR' (a copy of which is on file in the office of the City Secretary). For this purpose, the 'dry moisture condition (from which tilde shrinkage Is experienced, but where volumetric swell potential Is greatest) shall be used for each sample and test. (2) Swell tests performed in accordance with ASTM D4546.03, 'Standard Test Methods for One- Dimensional Swell or Settlement Potential of Cohesive Sills' as last revised prior to June 1, 2004. (3) Suction and hydrometer swell tests performed in accordance with ASTM 05298-03 'Standard Test Method for Measurement of Soil Potential (Suction) Using Filter Paper' and ASTM 068216-02 'Standard Test Methods for Determination of the Soil Water Characteristic Curve for Desorption Using a Hanging Column, Pressure Extractor, Chilled Mirror Hygrometer, and/or Centrduga,' as such methods were last revised prior to June 1, 2004. c. Foundations, Deep Support Components . Deep support components must be of an approved type. Approved types are listed below. In this list, types of deep support components are defined and described in FDO. (1) Drilled and aadeFrear lildunder-reamed concrete piers. (2) Drilled straight-shaft concrete piers. (3) Auger-cast concrete piles. (4) Another type approved by special exception issued by the BSC :See 'h,' below. d. Reinforcement . Reinforcement for each foundation must be of an approved type. Approved types are listed below. In this list, types of reinforcement are defined and described in FDO. (1) Deformed bar reinforcing. (2) Another type approved by special exception issued by the BSC _See "h," below. e. Observation & Certification . Each foundation must be professionally observed and must be certified by an RLPE, as more fully described below: (1) Observations must: (i) be performed either by the certifying RLPE or by one or more persons under that RLPE's direct supervision and control whose professional qualifications are approved by the RLPE (any such person may be an RLGE, with respect to geophysical matters), (ii) include actual measurement of piers, fill, compaction, reinforcement, forms, materials, dimensions, structural elements, attachments, etc. before the work is covered or concrete is placed (Note: dimensions of an underground element may be measured or estimated from the forms, boring or cavity for the element, before pouring or filling), (iii) be performed continuously during placement of concrete, and (iv) be documented in a form and manner approved by the building official (which may include photographs). (2) Certifications must: (1) refer to and be based upon the professional observations required by this section, (ii) state that the work complies with the plans and specifications last approved by the building official (with any field changes that are ordered by the RLPE and reported to the building official and that comply with applicable regulations), (iii) comply with criteria as to form and content as may be specified by the building official, (iv) be signed and sealed by the certifying RLPE, and (v) be filed with the building official. (3) Certifications may: (i) rely in part upon an attached certification by a RLGE, as to geophysical matters, (ii) rely in part upon an attached certification by an A2LA Lab, as to materials testing, and (iii) be expressed as a professional opinion based on RLPE's knowledge, information and belief that does not constitute a guarantee or warranty, express or implied. Before framing or other work commences atop a foundation (and before the foundation is otherwise covered), the permittee must obtain written acknowledgment from the building official that the certification for the foundation was duly filed as required above. Certif !cations, plans, specifications and related items must be kept on file by the City, available for public inspection, for the retention period required by public records laws and may be kept longer (for an indefinite period of time). a. Non-habitable space. This paragraph aoolies to buildings and #h. Special Exceptions. The BSC may issue a special exception from any requirement in subsection "a" through "g," above, but only upon a showing that: (1) the requirement will not affect Iffe safety or the performance of a structure ; or (2) an alternate requirement to be imposed by the special exception will provide equal or better protection for fife safety and long-term structural performance. However. (1) unless the basic type of foundation is "structural slab with void space and deep foundations" or "structural floor with crawl space and deep foundations," as described in this section, the BSC may not issue a special exception waiving any requirement for an RLPE to have professional errors and omissions insurance, in whole or in part; and (ii) the BSC may not waive any requirement for an RLGE to have such insurance. In connection with any special exception, the BSC may require that the applicant provide supporting engineering data and opinion, and the BSC may impose conditions to carry out the purpose and intent of applicable regulations. 4. bef9F9 an y sigAifisaicit lead is plaeed on them. eGeupanG y shall be sheathed with Type X gypsuFR bea Fd at least 6/8-ineh (46.9 b_. 5. Structural eElementse~€ngineering, e(=tc. must comply with the following section: grade 60 (or better), spaced no wider than 16-inches on center each way. Post- tensioned slab or cable foundations are not allowed. (2) All exterior trim (e.a.. soffit, fascia, window trim, chimney trim etc.) must be made of treated lumber or non-combustible materials Scope. (1) The structural elements for the following must meet the criteria in this section, as applicable: (a) Each new building (and each addition to an existing building) containing habitable space and having either a gross floor area of 485 square feet or more or a finished floor height greater than fair feet; and (b) Each accessible deck, porch, balcony, walkway and similar structure with a finished floor height greater than four feet. (2) This section does not apply to foundation elements observed and certified under another section. B. Definitions. In this section: Height is measured from the "standard base level' as provided in the Zoning Ordinance. A2LA Lab means a laboratory accredited by the American Association for Laboratory Accreditation on the basis of ISOBEC 17025:1999 ("general requirements for the competence of testing and calibration laboratories"). RLPE means a registered or licensed professional engineer of the State of Texas who is: (a) Listed with the State Board of Professional Engineers in either the civil or structural branch of engineering (but, from and after June 1, 2006, listing in the structural branch is required); (b) Employed by a registered engineering firm of the State of Texas; and (c) Covered by professional errors and omissions insurance that: (i) has limits of at least $250,000.00 per claim (and at least $500,000.00 per year, aggregate) and (ii) has effective dates- including any retroactive coverage date-that include the entire period when the person provides services or takes actions regulated by this section. C. Engineering, Plans and Specifications. Structural elements must be constructed in accordance with complete plans and specifications prepared, signed and sealed by a RLPE. The plans and specifications must be prepared specifically for the structure in question, and they must meet criteria as to scope, content and form specified by the building official. D. Specific Requirements. (1) Framing; Sheathing. All framing must include full exterior sheathing with structural elements (or blocking) along all joints. The plans must indicate the type, size and spacing of fasteners. All sheathing must be minimum 7/16" structural wood panels. In wails where plumbina, drain, waste or vent lines are located, the framing members must be 2" X 6" or lamer. (2) Trusses, Joists, Etc. (a) The species and grade of all lumber used for trusses, joists, purlins, purlin supports or similar elements must be specified in the plans. (b) The length, spacing and direction of trusses and joists must be specified in the plans. (c) Each manufactured wood truss must comply with applicable requirements of the "National Design Standard For Metal Plate Connected Wood Truss Construction" published by Truss Plate Institute (TPI), 1-2000 Ed. The design and specifications of any truss built on the site (and any other truss not already certified as meeting such TPI requirements), must be included in the plans and specifications. (3) Utility-grade lumber may not be used for foists. rafters or vertical framina. (4) Windsoeed clips and straps must meet these minimum requirements: member. each end of each beam, strapped to post/suiwort. (d) Purlins: Simpson Strong Tie LSTA 15 or MSTA 15 or purlins and brace suimortino members. E. Observation and Certification. Structural elements must be professionally observed and must be certified by an RLPE, as more fully described below: (1) Observations must: (a) Be performed either by the certifying RLPE or by one or more persons under that RLPE's direct supervision and control whose professional qualifications are approved by the RLPE; (b) Include actual observation of structural elements and attachments in crawl spaces before they are covered by floors or other materials; (c) Include actual observations of each beam, joist, rafter, truss and similar element, including each related weld and high-strength bolt: (i) after all required plumbing, electrical and mechanical "rough-in" inspections have been passed and all expected "notching," boring and similar work has been done, and (ii) before the item is covered; and (d) Be documented in a form and manner approved by the building official (which may include photographs). (2) Certifications must: (a) Refer to and be based upon the professional observations required by this section; (b) State that the portions of the work required to be observed comply with the plans and specifications last approved by the building official (with any field changes that are ordered by the RLPE, reported to the building official and in compliance with applicable regulations); (c) Comply with criteria as to form and content as may be specified by the building official; (d) Be signed and sealed by the certifying RLPE; and (e) Be filed with the building official. (3) Certifications may: (a) Rely in part upon attached certifications by: (I) an A21LA Lab, as to materials testing, and (ii) an inspector certified by the City of Houston, as to welds or high-strength bolts (or meet the provisions of Section 1704.3.3 of the IBC); and (b) Be expressed as a professional opinion based on the RLPE's knowledge, information and belief that does not constitute a guarantee or warranty, express or implied. Before any a beam, joist, rafter, truss, weld, high-strength bolt or similar element is covered: (i) all required city inspections relating to that element must be passed, and (ii) the permittee must obtain written acknowledgment from the building official that the certification for that element was duly filed as required above. For any given building, there may be more than one certification filed. After a beam, joist, rafter, truss, weld, high-strength bolt or similar element has been observed and certified, as provided above, it may not be notched, bored or structurally altered without: (i) a new or amended permit, if required, and (ii) a new observation and certification, in accordance with this section. Certifications, plans, specifications and related items must be kept on file by the City, available for public inspection, for the retention period required by public records laws and may be kept longer (for an indefinite period of time). F. Special Exceptions. The BSC may issue a special exception from any requirement in subsection "aA" through "dEabove, but only upon a showing that: (1) The requirement will not affect life safety or the performance of a structure (for its estimated useful life); or (2) - An alternate requirement to be imposed by the special exception will provide equal or better protection for life safety and long-term structural performance. In connection with any such special exception, the BSC may require that the applicant provide supporting engineering data and opinion, and the BSC may impose conditions to carry out the purpose and intent of applicable regulations. 6. Delete: Appendices A (Employee Qualifications), B (Board of Appeals) and D (Fire Districts). 8. In Section 3410.2, the blank date shall mean the date of this -that edition of the IBC as -s adopted by the Citv.- 7. In Section 1612.3, the referenced flood study (with FIRM and FBFM) means be: (i) secured to prevent entry by unauthorized persons within 24 hours after all used. (Ord. No. 1775, § 1(app. A), 9-27-2004; Ord. No. 1791, § 1(app. A), 5-2-2005; Ord. No. 1823. § 1, 5-8-2006; Ord. No. 1824, § 1, 5-8-2006) Sec. C-105. International Energy Conservation Code 1. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC. 2. In lieu of inspection by City employees, the building official may require a written certification that a building meets or exceeds minimum requirements, if the certification is: (i) signed by a code-certified inspector (as defined in V.T.C.A., Health & Safety Code § 388.02) not employed by the city, and (ii) accompanied by an approved inspection checklist, properly completed, signed and dated by the inspector. If the fees of the code-certified inspector are paid by the City, the amount shall be added to the building permit fees otherwise payable. With approval from the building official, a permittee may pay such fees directly to an independent inspection firm. Only code- certified inspectors may perform inspections and enforce this code in the City. (Ord. No. 1775, § 1(app. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) Sec. C-106. International Fire Code 1. The fire official shall be the fire chief or acting fire chief, who may detail other members of the fire department or the building inspection division to act as inspectors. Chapter 18 of this Code shall apply to enforcement and administration of the fire code in the same manner as it applies to the building code (except that the fire official shall have the powers and duties of the building official under such articles). 2. The BSC shall have the same jurisdiction and authority with respect to the fire code as it has with respect to the building code. 3. The limits of the fire district referred to in Section 902.1.1 are coextensive with the City limits. gays rouowina the oate me occurrence ends and must be completed within a 4. Explosives and fireworks, as defined in Chapter 33, are prohibited within the City limits. 5. Notwithstanding Section 2206.7.6 (relating to service stations), "latch-open" type devices are prohibited. 6. Section 603.8.4 (hours for burning) is amended to read in its entirety as follows: "An incinerator shall not be used or allowed to remain with any combustion inside it: (i) at any time from an hour preceding sunset on one day until sunrise the following day; or (ii) at any time when unattended." 7. Delete: Appendices FA (Board of Appeals), FE (Hazard Categories), FF (Hazard Ranking) and FG (Cryogenic Fluids - Weight and Volume Equivalents). 8. Section 505.1 (address numbers) is amended to read in its entirety as follows: "New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a minimum stroke of 0.5 inches_Exception. One- and two-family dwellings shall comply with Section 6.409 of the Code of Ordinances." (Ord. No. 1775, § Kapp. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) Sec. C-107. International Fuel Gas Code 1. The administrative officer is the building official. Chapter 18 of this Code shall apply to enforcement and administration of this code in the same manner as it applies to the building code. The BSC shall have the same jurisdiction and authority with respect to this code as it has with respect to the building code. 2. Delete Sections FG103, FG106 and FG10. 3. Even if otherwise Permitted by this code: a. -Ceopper, brass or aluminum tubing or Piping shall not be used in the i 4. Amend Section 311.2 to read in its entirety as follows: "Low pressure (not to exceed 0.5 PSI) gas piping shall withstand a pressure of at least 10 inches of mercury for a period of time not less than 10 minutes without showing any drop in pressure, except that the following shall apply in the case of new construction: The newly- constructed system must withstand a pressure of at least 25 PSI for a period of not less than 10 minutes without showing any drop in pressure as an initial pressure test, and the system must also withstand a pressure as a final test. Higher pressure piping must withstand pressure of at least 10 PSI, but never less than twice the maximum pressure to which the piping will be subjected in operation, for a period of at least 10 minutes without showing a drop in pressure, but the higher pressures required for new construction, above, shall be used to test new construction in lieu of the 10-PSI level prescribed by this sentence.' 5. There must be a permanently-installed stairway, either fixed or folding, to serve attic space where appliances or equipment are located. The opening must be at 6. Even d otherwise permitted by this code, undiluted liquefied petroleum gas, or 'LPG," shall not be used at any fixed location in the City._Exception: This does not prohibit the use of such gas in quantities of 10 gallons or less. 7. Each new or replaced gas meter shall be located on the same building site that it serves. (Ord. No. 1775, § Kapp. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) Sec. C-108. International Mechanical Code 1. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC. 2. Add to Section M306.3: 'There must be a permanently-installed stairway, either fixed or folding, to serve attic space where appliances or equipment are located. The ooenina must be at least 25.5" X 54" and any folding staircase must be rated for at least 350 pounds capacity and at least 20 minutes fire resistance." 3. Add to Section M603: "All return air ducts must be installed so as to be sameal3leserviceable without use of a portable ladder in all new residential construction and wherever possible in existing buildings." 4. Delete: Appendix MB (Recommended Permit Fee Schedule). (Ord. No. 1775, § Kapp. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) Sec. C-109. International Plumbing Code 1. The administrative officer is the building official. Chapter 18 of this Code shall apply to enforcement and administration of this code In the same manner as it applies to the building code. The BSC shall have the same jurisdiction and authority with respect to this code as it has with respect to the building code. 2. Delete: Sections P103, P106 and P109 and Appendices PA (Plumbing Permit Fee Schedule) and PG (Vacuum Drainage System). 3. : " ven if otherwise permitted by this Bede (IPG+r he IPC: a. AAcrylonitrile-Butadiene-Styrene (ABS) pipe eFand fittings, polyethylene mss, Type M copper, lead-based pipe, aluminum DWV pipe er an components, eFan air admittance valves are forbidden to be used anywhere in the City. 4. Even if otherwise permitted by this eede "K he IPC: a. -PVC and CPVC_ type water pipe and fittings are not allowed for use in the City._Exceptions: (A) Schedule 40 meeting ASTM Di 785 (or better) PVC water pipe may be used where permitted by this sede (SRS}the IPC. but only if: (i) it is installed underground (but see next paragraph reouirino cooper lines in some locations) or as pool piping, and (ii) all joints are primed and glued as required by the manufacturer's recommendations (and the primer must be purple or another distinctive color, except on above-ground pool piping). and (iii) it is identified by proper markings. (B) This section does not apply to irrigation systems. b. All water lines under a slab on orade must be copper Type L or responsible for irrigation system components located in street areas or d. Underground water service piping must be buried at least 12 inches below grade. foundations, etc., must be Schedule 40 meeting ASTM D2665 for better) and indentified by proper markinas. Excevtiorr. Area drain piping may be SDR 35 PVC. 5. Even if otherwise permitted by the I PC, this seAe 41R6l-wet venting shall not be allowed except when authorized by the BSC, as a special exception for hardship and unusual cases. Also, amend Section 913.3 to read as follows: "The vent located below 6. -Amend Section 1101.2 to read in its entirety as follows: "The provisions of this chapter are applicable to interior leaders, building storm drains, building storm sewers, exterior conductors, downspouts, roof gutters and other storm drainage fixtures and facilities.' 7. -Maximum water meter size, unless an RPE can clearly and convincingly demonstrate the need for a larger meter in a particular case, is: 314ths-inch for an irrigation system, or 1-inch for a single-family dwelling. (Ord. No. 1775, § 1(app. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) Sec. C-110. International Residential Code 1. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC. 2. This code, in lieu of the other 'International Codes," applies to all residential structures in the City. "Residential" means having the character of a detached one- family or two-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling. This code does not apply to: (1) any dwelling that has a common means of egress, such as a common hallway, or (ii) any dwelling or structure that has the character of a facility used for accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure. 3. All amendments and deletions to the other "International Codes" adopted by this Schedule are also carried forward and adopted as amendments and deletions from the International Residential Code. 4. Delete: Appendices RAF (Radon Control Methods), RAI (Private Sewage Disposal), a+*1-RAE (Manufactured Housing Used as Dwellings) and RAL (Permit Fees) and RAQ (Electrical Provisions). 5. This code does not apply to installation and maintenance of electrical wiring and related components :See National Electrtcal Code , below. 6. In Section R301.2 insert the following table: TABLE INSET: Table R301.2(1). Cllmalk and Geogra phical Design Crlferla Ground snow 0 Air freezing index: 50 BF days load: speed min 110 (3-second oust) em l 68* F d perature t seismic design A Subject to damage from Negligible category. weathering: Winter design 32° F Frost line: 6" temperature: ice ehteW underlsymenC Not required Termite: Very heavy ~ Map effective date: Mod. to iterarda: June 16, 2007 Decay: se vere e severe (map revised date) line. 7. In Section P2603.6.1 insert 12 inches for minimum depth cover for a sewer 8. In Section P3103.1 insert 12 inches for a minimum height above the roofline for a vent termination. (Ord. No. 1775, § 1(app. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006; Ord. No. 1849, § Kapp. A), 7-9-2007) Sec. C-111. (BOCA) National Building Code Only Sections 3108 (Radio And Television Towers) and 3109 (Radio And Television Antennas), together with any necessary definitions or interpretive aids, are adopted. See subchapter G of Chapter 6 of this code. (Ord. No. 1775, § Kapp. A), 9-27-2004) Sec. C-112. National Electrical Code 1. The administrative officer is the building official. All hearings, variances etc. are handled by the BSC. 2. See Chapter 26 of this Code for various provisions which override or supplement the NEC. (Ord. No. 1775, § 1(app. A), 9-27-2004; Ord. No. 1823, § 1, 5-8-2006) 1 Sec. C-113. International Property Maintenance Code 1. The administrative officer is the building official. All hearings, variances, etc. are handled by the BSC. (Ord. No. 1823, § 1, 5-8-2006)