HomeMy WebLinkAboutORD 1356 - ORD Relating to Building Footings and Foundations Amending Code of ORD
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Ordinance Number 1356
AN ORDINANCE RELATING TO BUILDING FOOTINGS AND FOUNDATIONS;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE., TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council has received ominous reports of cracked
and settled "building foundations, which in some cases have affected new
homes; and
WHEREAS, such cracks and, settling can destroy the value of a
building; and
WHEREAS, the City Council has been advised that two principal
factors can lead to foundation problems in this area: (i) the lack of
adequate piers beneath foundations and (ii) the use of what is called a
IIpost tensionedll or IIcable tensionedll slab without careful supervision;
and '
WHEREAS, the City Council is of the opinion that immediate action
is necessary to reduce the chance of additional foundation problems in
thi s City;
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NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. Subparagraph (it) 0relating to footings and
foundations) of Section 6-52 of the Code of Ordinances of the City of
West Uni'versity'Place is hereby amended ito read in its entirety as
follows:
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(ii) All footings and foundations must meet all of the
requirements ofthe-Building,Code.) Jnaddition, all footings
"and foundations of buildings must be adequately designed for
the soil conditions and must contain adequate steel
reinforcement, (with a minimum reinforcement of 6x6x6 wire
mesh). In addition, all footings and foundations of
buildings, except for projects involving only one story with
no more than 300 square feet of gross floor area, must also
me~t the fbllowing requirements: (A) the foundation must
include piers sunk into the1earth to a depth sufficient to
'avoid damage or uneven settling caused by expansive~ or" '
contractive soils or non-load-bearing soils (the pier depth
being determined by a soils "SRII report prepared by a
r~cognized and reputable soulsinvestig,ation agency, or firm),
(B) there must be piers ofsuff'icient .number and design to
support the building in question, (C) the foundation must be
illustrated in complete plans and specifications prepared,
signed and sealed by a registered professional engineer, and
(D) if the foundation includes any slab using IIpost
tensionedll or IIcable tensionedll concrete, a registered
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Ordinance Number 1356
112
professional engineer must certify to the Building Official,
under oath, that the slab was carefully and correctly
tensioned in the presence of, and under the direction and
control of, a registered professional engineer and that the
slab is properly constructed and completed. The Building
Official may require that such certificte be made and
delivered to the Building Official at any time after the
tensioning work is done, but it shall be delivered, in any
event, as a condition of receiving a certificate of
occupancy.
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Section 2. This ordinance applies to all building
foundations constructed after the date this ordinance becomes
effective, except as provided in this section. The following special
transitional rule shall apply to a foundation constructed after such
effective date, but only if it is constructed in accordance with a
buildirig permit that meets all of the following criteria: (i) the
application for the permit (including plans and specifications and the
required fee) is completed, signed and filed with the Building Official
on or before such effective date, (ii) the permit is duly issued
without significant changes in the plans and specifications, and (iii)
the permit is not suspended, expired or revoked at the time,that the
foundation in question is constructed. With respect to each foundation
covered by such a building permit, the applicants for the permit may
elect to proceed under the ordinances in effect prior to the passage of
this ordinance, but only if they all make such election in a written
instrument filed with the Building Official and only if the instrument
states clearly that: (i) the applicants are aware that this ordinance
is intended to prevent foundation problems and (ii) the applicants
refuse to comply with this ordinance~
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Section 3. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only~
Section 4. 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, the remainder
of thi~ brdinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 5. 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 Open
Meetings Law, TEX. REV. CIV. STAT., ANN. art. 6252-17, 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 11--1
contents and posting thereof. ~
Ordinance Number 1356
113
Section 6. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Or-dinance is accordingly passed as an emergency measure and shall
take effect on the tenth day Jo,llowing its publication as prescribed by
the City Charter.
PASSED AND APPROVED this 23rd day of October , 1989.
Vottng Aye:
Voting No:
Absent:
Signed:
Laura C. Higley, Mayo.r
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ATTEST:
, Approved as to Form:
Audrey Nichols
City Secretary
(SEA~)
James L. Dougherty, Jr.
City Attorney
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