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HomeMy WebLinkAboutORD 96-57 ORDINANCE NO. ENTITLED AN ORDINANCE TO ADOPT THE 1994 STANDARD BUILDING CODE; ESTABLISH AUTHORITY FOR SETTING FEES; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL, AND PROVIDING A PENALTY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new section 6-3 to read as follows: Section 6-3. Fees. The City Council shall set permit and inspection fees under this Chapter by resolution. Section 2. THAT Chapter 6, Section 6-20 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE II. BUILDING CODE Sec. 6-20 Adoption of building code; provisions excepted. There is hereby adopted by the city for, the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, that certain building code known as the Standard Building Code being particularly the 1994 edition thereof, including Appendix A, C, E, F & H. One copy of such Standard Building Code has been and now is filed in the office of the city clerk of the city 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, the provisions thereof shall be controlling the construction, alteration, repair, removal, demolition, equipment and maintenance of all buildings and other structures within the corporate limits of the city, save and except the portion to the Standard Building Code which are hereby deleted, substituted, modified or amended, as set forth in this article. Section 3. That Section 6-21 of the Code of Ordinances be and the same is hereby amended to read as follows: Section 104.1 of the building code is hereby amended as follows: Section 104.1.1 When Required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to install burglar bars, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Section 108.1 of the Building Code is hereby amended to read as follows: Section 108.1 Appointment. There is hereby established a Board to be called the Construction Board of Adjustment and Appeals. The initial membership of the Construction Board of Adjustment and Appeals shall consist of those fifteen (15) members of the Board of Adjustment, Electrical Board of Review, and the Plumbing and Mechanical Board of Review as follows: NAME TERM ENDS Phillip Long 01-22-98 Bill Geyser, Vice Chairman 03-22-97 Charles H. Thompson, AIA 10-23-98 Charles LeBlanc 06-13-97 Dick Humphrey 09-04-97 Gene Vanmeter 05-23-97 Dude Willis 02-20-98 Daniel Williams 05-02-97 Charles Bullock 09-04-97 Thomas I Stripling 02-12-98 Kirk Tiller 04-11-97 Milton Bell, AIA 09-04-97 Bill Thomas 10-18-97 Don McCarter 10-18-97 Samuel Peterson 10-14-98 2 As terms expire,the size of the Board shall be reduced to seven(7) members and two alternates. The Board shall be appointed by the city council. Section 108.2.1 of the Building Code is hereby amended to read as follows: 108.2.1 Membership. Thereafter the Construction Board of Adjustment and Appeals should consist of seven members. Such board members should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. In addition to the regular members, there should be two alternate members, one member at large from the building industry and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 108.2.2 Terms. Once the board is reduced to seven(7) members and two alternates the terms of office of the board members shall be staggered so no more than 1/3 of the board is appointed or replaced in any 12 month period. The two alternates, if appointed, shall serve one year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. Section 110 of the building code is amended to read as follows: Section 110. Violations and Penalties. Any person who shall violate any provision of the building code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of such code is committed, or continued, and upon conviction of any such violation such person shall be punished as provided in section 1-8 of the Code of Ordinances. Section 111 is added to read as follows: Section 111. Revocation of Bond. (a) A building contractor's bond may be revoked, after notice and hearing before the city manager or his designee, for either [any] of the following reasons: (1)Reoccurring incidents of work performed not in accordance with the building code and the holder refuses to correct the violation after being given sufficient notice of said violations; or 3 (2) The bond or permits were obtained or extended by fraud or deception; or (3)That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4)Failure of the bond holder to comply with the requirements of the building code. (b)Prior to revocation of the bond, the city manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5) days following the service of such notice,unless a request for a hearing is filed with the city manager or his designee by the bond holder, within such a five-day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the bond becomes final. The bond holder may not perform any work in the city during the period of suspension pending the outcome of the hearing. (c) Service of notices--Notice provided for in this ordinance [code] shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested,to the last known address of the bond holder. A copy of such notice shall be filed with the records of the city manager or his designee. (d)Hearings--The hearings provided for in this ordinance shall be conducted by the city manager or his designee at a time and place designated by him. Based upon the record of such hearing, the city manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (e)Application after revocation--Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six (6) months. 111.1 Demolition permits--Required. Any person desiring to demolish a building or structure shall first obtain a demolition permit from the city manager or his designee by making application for said permit, together with the appropriate fee and performance bond, to the city manager or his designee. 111.2 Same--Application. Each application for a permit shall be filed with the city manager or his designee, on a form furnished by him, and shall contain a general description of the proposed work, its location and probable cost for completion. The application shall be signed by the owner or his authorized agent. 111.3 Same--Bond or cash deposit required. For each application for a demolition permit,the applicant shall attach thereto either a bond with corporate surety in an amount equal to one hundred (100) per cent of the probable cost for completion of the demolition project disregarding the salvage value of any material, and subject to the approval of the city manager or his designee, or a cash deposit equal to fifty(50) 4 per cent of such cost in lieu thereof. The bond or cash deposit shall be payable to the city. The provisions of this section requiring bonds or cash deposits shall not be applicable in those instances in which the person desiring a demolition permit is required to furnish a performance bond under the terms of his contract with the owner of any structure which is the subject of a demolition permit. 111.4 Same--Terms of permit. A permit issued to demolish a building or structure shall be considered to be a license to proceed with the work. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within thirty(30) days after issuance and completed within ninety(90) days after issuance. Demolition work is not deemed complete unless: (1) All debris is removed from the property. (2) All pipes and conduits are removed above grade, and either removed or sealed below grade. (3) All piers, pilings, steps or other appurtenances are removed above grade. (4) All underground tanks are removed or abandoned in compliance with the fire prevention code. Any exception to the above requirements shall be so stated upon the application for the permit, and shall be subject to the approval of the city manager or his designee. The premises which are not cleared in accordance with this section are hereby declared to be a public nuisance. 111.5 Same--Special permits. Special permits shall be issued for demolition projects requiring more time in completion than ninety (90) days. The determination of the period of issuance will be subject to the approval of the city manager or his designee, and will be based on the magnitude and complexity of the project. A completion date must be included upon issuance of any special permit. Special permits may not be used to extend a ninety (90) day demolition permit. Special permits will become invalid unless commenced within thirty(30) days after issuance and completed by the date established in the permit for completion of the demolition project. Work under a special permit is subject to the same conditions and definitions as applicable to ninety(90) day permits. 111.6 Same--Extension of time. A time extension to a demolition permit may be granted only if it can be shown that the extension of time is necessary for reasons that are beyond the owner's control. Any extension of time must be in writing and must state a specific date upon which the demolition must be completed. 5 111.7 Procedure upon failure to complete demolition. Upon the granting of a demolition permit, the person obtaining such permit will be given written notice that any failure to complete demolition in accordance with the terms of the permit will give to the city the right to enter immediately upon the premises to complete or have completed the demolition project. Upon the failure to comply with any demolition permit, the city manager or his designee is hereby authorized to immediately do everything necessary to complete the demolition project. Upon completion of the demolition project,the city manager or his designee shall, in the case of a cash deposit as allowed in 111.3,withhold as much of said cash deposit as is necessary to complete the demolition project, returning monies not so expended, if any, to the depositor. In the case of a bond as provided in 111.3, the city manager or his designee shall make claim on said bond by notifying in writing the principal and surety on said bond of the amount of said claim. In those instances in which the cash deposit or bond is not in a sufficient amount to complete the demolition project, the city may take all necessary legal action to enforce the terms of the building permit. This shall specifically include the right to attach a lien to the land to cover the excess cost of demolition. In those instances in which no bond or cash deposit is required, any failure or refusal to comply with the demolition permit shall give to the city the right to take all necessary legal action against the owner of the premises to enforce the terms of the building permit. This shall specifically include the right to have the premises cleaned in accordance with the terms of 111.3 and attach a lien to the land to cover the cost. Section 905.1 through 905.1.7 inclusive are deleted from the building code. Section 1803 of the building code is amended by adding thereto the following subsection: 1803.3 Open pit excavations. 1803.3.1 Definitions: (a)Person. As defined in section 1-2 of the Code of Ordinances. (b)Borrow pit. The pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. 1803.3.2 Except as provided in subparagraph (3) hereof, no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this subsection. Any excavations in violation of this subsection are hereby declared to be public nuisances. 1803.3.3 This subsection shall not be applicable to excavation for foundation 6 purposes, where a building permit has been properly applied for and granted in accordance with the building code; provided, however, if the construction for which a building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of subparagraphs (5), (6) and (10) of this subsection. This subsection shall not be applicable to excavations of drainage ditches, canals, or similar facilities. 1803.3.4 Each application for an excavation permit shall be in writing, on a form provided for that purpose by the city engineer, stating the purpose of the proposed excavation of the land upon which the excavation is to be done, and the names of all owners of the land upon which the proposed excavation is to be done, and of all owners of land lying within one hundred (100) feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of twenty-five dollars ($25.00), which shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this subsection shall remain applicable to such bodies. 1803.3.5 No excavation shall be made within ten (10) feet of any property line, without the express written consent of the owner of the adjacent property. Borrow pits shall be sloped no steeper than two (2) feet horizontal for each one (1) foot vertical measurement. An excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities, as determined by the building official, so as not to interfere with or cause damage to such facilities. 1803.3.6 No excavation may be made upon any dedicated street or highway right-of- way or any planned or proposed street described in the master street plan of the city. 1803.3.7 Trucks hauling excavated material shall, insofar as possible, use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. 1803.3.8 Upon proper application as provided in subparagraph (3) hereof, the building official shall issue an excavation permit if he is satisfied, from competent evidence presented to him as he may require, that the proposed excavation is consistent with the public health, safety, and welfare, that the requirements of this subsection will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the city. 7 1803.3.9 If an application for an excavation permit is denied by the building official, the applicant may within ten(10)days appeal such denial to the city council. The city council shall set a public hearing, which shall be held no later than thirty (30) days after presentation of the appeal to the city council. Following such hearing, the city council may either affirm, overrule, or modify the decision of the director, and such decision of the city council shall be final. 1803.3.10 Upon completion of the excavation for which a permit has been granted hereunder, but not later than one hundred eighty (180) days after excavation has begun, a substantial fence, at least six (6) feet in height and otherwise being in accordance with specifications promulgated by building official, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates kept closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50)feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Section 1815 of the Standard Building Code is added to read as follows: Section 1815. Foundation Repair (a) General. (1)Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the city to operate as a building contractor, or foundation repair contractor, within the corporate limits of the city. (2) A permit for each foundation repair project must be obtained from the building official prior to beginning any actual repair work. The fee shall be as that established by the city in accordance with current fee schedules. (3)A permit will be issued to the foundation repair contractor, upon approval by the building official of documents(in three (3) copies) submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. c. A copy of the proposal to the property owner with the owners signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the building official, shall be maintained at the jobsite for review by the city building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a jobsite inspection by the building inspector. 8 (b)Minimum standards -Reinforced concrete foundation. (1)Holes in earth for foundation piers and footings must be free of standing water,loose dirt, or other deleterious matter, prior to placement of concrete. (2) Each drilled shaft/(footing) must have as a minimum an eighteen inch diameter shaft, or a twelve inch diameter shaft with an eighteen inch diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas Registered Professional Engineer. (3) Minimum sized shafts/(footings) shall have a maximum spacing of eight (8)feet for single story and six(6) feet for two-story structures. A minimum of two (2) footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be founded at a minimum depth of eight (8) inches and bearing on a firm soil of constant moisture content. (5)Each footing/shaft will have a maximum angle of fifteen(15) degrees from vertical. (6)Each shaft will contain a minimum of three(3)#5-A3 6 reinforcing bars for the full depth of the shaft. (7) Each shaft (footing) must have a minimum of five (5) days concrete (min. 2500 psi @ 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete (min. 2500 psi @ 28 days) must be used to transfer the building load to the footing after jacking. (9)Minimum size (3"x6"xl/4") steel shims set in two (2) rows, a maximum of three (3) inches high, may be used to transfer the load to the solid concrete blocks. (10)Backfill of the excavation may consist of excavated material or low p.i. (10-20) clay compacted to existing adjacent conditions. Sand backfill will not be permitted except for the top six (6) inches which may be used to level the grade. (c)Minimum standards -Houses on piers. (1)Minimum size concrete footing pads shall be 16"xl6"x4" solid concrete with solid concrete block piers. (2)Maximum height of shims shall be one and one half-inches (1 '/2), and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3)All new wood sills must be treated wood, half-lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Section 3313.7 is amended to read as follows: Section 3313.7 Improvements by Owner Any house, building or structure proposed to be moved shall comply with the 9 requirements of this Code prior to issuance of a moving permit. The owner of any house, building or structure proposed to be moved shall make all necessary improvements required in order for said house, building or structure to comply with the requirements of this Code within 60 days from the date of issuance of the moving permit. Extensions of such time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the control of the owner or house mover. The application for the moving permit shall be accompanied by an application for a building permit, accompanied by complete plans and specifications showing the changes or conditions of said house, building or structure as the same is proposed to be when moving, and all contemplated improvements, signed by the owner or the owner's agent. Houses, building or structures designated as having historical or architectural significance by the City of Beaumont's Historical Landmark Commission or the Texas Historic Commission shall be exempt from the provisions relating to compliance with the SBC prior to moving and the 60-day compliance requirement. Appendix F101.2 of the building code is amended to read as follows: Fire districts: There are hereby created and established within the city two (2) fire districts which shall be known and designated as the first fire district and the second fire district, and shall have the following boundaries: (a) First fire district. The first fire district shall include all the area lying within the following described boundaries: Beginning at the intersection of the center line of Magazine Street with the westerly bank of Brakes Bayou; thence west along the center line of Magazine Street and said center line of Willow Street; thence south along the center line of Willow Street to its intersection with the center line of Calder Avenue; thence west along the center line of Calder Avenue to its intersection with the center line of Forrest Street; thence south along the center line of Forrest Street and said center line extended to its intersection with the present main line of the Texas and New Orleans Railroad track; thence easterly along the present main line of the Texas and New Orleans Railroad track to its intersection with the center line of Trinity Street extended northward; thence in a southerly direction along the said center line of Trinity Street to its intersection with the center line of Crockett Street; thence westerly along the center line of Crockett Street to its intersection with the center line of Holmes Avenue; thence southerly along the center line of Forsythe Street;thence easterly along the center line of Forsythe Street to its intersection with the center line of Trinity Street;thence southerly along the center line of Trinity Street to its intersection with the center line of College Street; thence easterly along the center line of College Street to its intersection with the center line of Neches Street; thence southerly along the center line of Neches Street to its intersection with the center line of Franklin Street; thence easterly along the center line of Franklin Street to its intersection with the center line of Park Street; thence southerly along the center line of Park Street to its intersection with the center line of Blanchette 10 (formerly Austin) Street;thence easterly along the center line of Blanchette (formerly Austin) Street to its intersection with the center line of Main Street, thence northerly along the center line of Main Street to its intersection with the center line of Gilbert (formerly Washington) Street; thence easterly along the center line of Gilbert (formerly Washington) Street to its intersection with the easterly line of the original townsite of Beaumont;thence northerly along the easterly line of the original townsite of Beaumont to its intersection with the center line of College Street; thence westerly along the center line of College Street to its intersection with the center line of Market Street;thence northerly along the center line of Market Street to its intersection with the center line of Forsythe Street; thence easterly along the center line of Forsythe Street and said center line extended to its intersection with the westerly bank of the Neches River; thence in a northerly direction along the westerly bank of the Neches River and Brakes Bayou to the place of beginning. (b) Second fire district. The second fire district shall include all of the area of the city except that which is excluded in the first fire district. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the JLday of 1996. 1 Mayor- 11