HomeMy WebLinkAboutOrdinance No. 2010-08 (Title: An ordinance adopting the 2009 International Code Council versions of the
International Building Code, International Plumbing Code, International Mechanical
Code, International Fuel Gas Code, International Energy Conservation Code,
International Property Maintenance Code, International Residential Code for One-and
Two-Family Dwellings; adopting the 2008 version of the National Electrical Code; and
adopting local amendments.)
ORDINANCE NO.2010-08
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF FRIENDSWOOD, TEXAS, CHAPTER 14
"BUILDING AND BUILDING REGULATIONS" BY
ADOPTING THE 2009 INTERNATIONAL BUILDING CODE,
2008 NATIONAL ELECTRICAL CODE, 2009
INTERNATIONAL PLUMBING CODE, 2009
INTERNATIONAL MECHANICAL CODE, 2009
INTERNATIONAL FUEL GAS CODE, 2009 INTERNATIONAL
ENERGY CONSERVATION CODE, 2009 INTERNATIONAL
PROPERTY MAINTENANCE CODE, AND 2009
INTERNATIONAL RESIDENTIAL CODE FOR ONE-AND
TWO-FAMILY DWELLINGS, WITH LOCAL AMENDMENTS
THERETO; PROVIDING OTHER MATTERS RELATING TO
THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION
OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City Council deems it necessary and appropriate for the health, safety,
and welfare of the citizens to approve certain amendments to the City's Code of Ordinances to,
update the city's building codes and adopt local amendments;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY FRIENDSWOOD, STATE
OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance arel
hereby found to be true and correct. l
Section 2. Article II of Chapter 14. "Building Code" of the Code of Ordinances of
the City of Friendswood, Texas, which adopted the International Building Code, 2003 Edition,l
together with certain amendments thereto, is hereby amended as set forth below. Words being
deleted are indicated by brackets and strike throughs, as follows: "[deleted]." Words being
added are indicated by underline, as follows: "underline." Additions to words or phrases
underscored in the existing ordinance text are indicated by a double underline, as follows:
"ordinances."
"ARTICLE II. BUILDING CODE
Sec. 14-23. International Building Code adopted.
The International Building Code, [2803] 2009 Edition, as published by the International Code
Council, Inc., is hereby adopted by reference and made part of this chapter. A copy of such code
is on file with the city secretary.
Sec. 14-24. Amendments to International Building Code.
The [200312009 Edition of the International Building Code, as adopted in section 14-23 above,
is hereby amended as follows:
Section 101.1. Section 101.1 is hereby amended to read as follows:
101.1. Title. These regulations shall be known as the Building Code of the City of Friendswood,
Texas,hereinafter sometimes referred to as "this code."
[Seetion 101.4.1. Seetio 1 n1 n 1 is hereby amended to read as c ileyy^.
National Fke Protestien Asseeiatien, heretofore adopted by the eib,, as ameaded, shall app"
applianeesefixViFes,
fittings and apptH4enanees therete.1
Section 109.2.1 [408-1-]. Section 109.2.1 [408:21] is hereby amended to read as follows:
109.2.1 [408:24]. Plan checking fees. When a plan is required to be submitted by section [406]
107, a plan-checking fee shall be paid to the building official at the time of permit issuance;
provided, however, that if a permit is not issued for the project within 90 days of completion o8
the plan review, the plan review fees will become due and payable at that time. Said plan-'I
checking fee shall be equal to one-half of the building permit fee.
l Section 111.1 [440.4]. Section 111.1 [444.4] is hereby amended by adding a new last sentence to
read as follows:
111.1 [110.1]. For the purpose of this section, the moving of furniture or other personal property)
items into a property prior to issuance of a certificate of occupancy shall constitute the
occupancy or use of the property.
Section 113.1 [442.4]. The following section 113.1 [4424] is hereby adopted to read as follows:
113.1 [442.4]. The Construction Board of Adjustment and Appeals shall consist of seven
members. Such board members shall be composed of individuals with knowledge and experience
in the technical codes, such as design professionals, contractors, building industry representatives
and licensed electrical contractors. In addition to the regular members, there shall be two
Ord.2010-08 2
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 has a personal or financial
interest.
Section 401.2. The following section 401.2 is hereby amended to read as follows:
401.2. All foundations are to be designed by a registered professional engineer. All plans must be
submitted with original wet seal stamps applied. Foundation construction shall be capable of
accommodating all loads according to section R301 and of transmitting the resulting loads to the
supporting soil. Fill soils that support footings and foundations shall be designed, installed and
tested in accordance with accepted engineering practice. Gravel fill used as footings for wood
and precast concrete foundations shall comply with section R403.
Section 905.8. The following section 905.8 is hereby adopted to read as follows:
905.8. Notwithstanding any other provision of this code to the contrary, no wood shingles or
shakes shall be used in the construction of any structure except single family residential
structures, and then only when treated by an approved fire retardant. All plans shall indicate the
roofing materials to be used.
Section 1612.3. Section 1612.3 is hereby amended to read as follows:
1612.3 Flood hazard areas. The Flood Insurance Study for the City of Friendswood, Texas, as
amended or revised, with accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM), including related supporting data and revisions thereto, is hereby,
adopted by reference and declared to be a part of this section.
I
Section 2904. Section 2904 is hereby amended to read as follows:
P2904. Dwelling unit Fire Sprinkler Systems. The requirements of section P2904 are hereby
deleted, except that any voluntary installation of a dwelling unit fire sprinkler system shall
comply with NFPA 13 D.
Section 3411.2 [3409,2]. The first paragraph of section 3411.2 [3409.2] is hereby amended to
read as follows:
3411.2 [3489.2] Applicability. Structures existing prior to the effective date hereof, in which
there is work involving additions, alterations or changes of occupancy, shall be made to conform
to the requirements of this section or the provisions of sections 3402 through 3406.
Section 3. Article III of Chapter 14 "Electrical Code" of the Code of Ordinances of thel
City of Friendswood, Texas, which adopted the National Electrical Code, 2002 Edition, together:
with certain amendments thereto, is hereby amended as set forth below.
"ARTICLE III. ELECTRICAL CODE*
Ord.2010-08 3
*State law references: National electrical code applicable statewide for residential
construction, V.T.C.A., Local Government Code § 214.214.
Cross references: Fire prevention and protection, ch. 30.
DIVISION 1. GENERALLY
Sec. 14-63. Adoption of code; compliance required; conflicts; service requirements.
(a) Any and all electrical work placed in or on any building or structure within the corporate
boundaries of the city shall be installed in conformity with the regulations and standards set forth
in the [20Q] 2008 Edition of the National Electrical Code, which is hereby adopted, and a copy
of which is on file in the city secretary's office; other applicable ordinances of the city; and
statutes and administrative rules and regulations of the state and agencies thereof.
(b) Where local rules and regulations are set forth in this article, they shall take preference over
any rules conflicting therewith. [Minimtua se-vice requirements shall be as _equi,-ed by he
sen,ing utility eempanies.]
(c) Local Rules.
(1) Service Laterals. AU service lateral, serving residential or commercial
structures, shall be run underground and enclosed in not less than a two-inch schedule 40,
PVC underground conduit.
(2) Underground Services. All underground services shall be completely installed in
not less than two-inch schedule 40 PVC conduit from the meter can to the transformer or
underground tan box, and shall be buried at a minimum death of two (2) feet.
DIVISION 2. [ELECTRICAL BOARD] APPEALS
See. 14-93. Appeal of decisions by the electrical inspector.
(a) Any person aggrieved by a decision or ruling of the electrical inspector shall have the right
of appeal to the construction board of adjustment and appeals for its review. Such appeal shall be
perfected by a request in writing to the chairperson of the board for a hearing, in which the,
following information shall be contained:
(1) Name and address of the person making the appeal.
(2) Facts surrounding the particular ruling or refusal to make a ruling.
(3) The ruling, if any of the electrical inspector.
(4) Reasons why such ruling should be set aside, or if a ruling was refused, why such ruling
should be made.
(b) During the pendency of any appeal to the construction board of adjustment and appeals, the
ruling of the electrical inspector shall be in full force and effect.
Ord.2010-08 4
DIVISION 6. ELECTRICIAN'S LICENSES
Sec. 14-230. Applications.
Every application for a license as a master electrician, journeyman electrician, master
sign electrician, journeyman sign electrician, residential wireman, maintenance electrician, or
apprentice electrician shall be made upon a form furnished by the electrical inspector. Every
application shall state the name, date of birth, residence and business address of the applicant.
Each applicant shall supply a copy of their current state electrical license. [The lieense—fee
]
Section 4. Article IV. "Plumbing Code" of Chapter 14 of the Code of Ordinances of
the City of Friendswood, Texas, which adopted the International Plumbing Code, 2003 Edition,
together with certain amendments thereto, is hereby amended as set forth below.
"ARTICLE IV. PLUMBING CODE*
*Cross references: Privies are prohibited in the city, § 26-73; sanitary sewer system, § 86-119
et seq.
State law references: Municipal authority concerning plumbing and house draining,
V.T.C.A., Local Government Code § 214.012
Sec. 14-252. International Plumbing Code adopted.
The International Plumbing Code, [200-3] 2009 Edition, as published by the International
Code Council,Inc., a copy of which is on file with the city secretary, is hereby adopted and made
a part of this article.
Sec. 14-253. Amendments.
The [2003] 2009 Edition of the International Plumbing Code, as adopted in section 14
253 above, is hereby amended as follows:
Section 101.1. Section 10 1.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Plumbing Code of the City of Friehdswood,
Texas, hereinafter sometimes referred to as "this code."
Ord.2010-08 5
Section 106.6.2. Section 106.6.2 is hereby amended to read as follows:
106.6.2 Fee schedule. The fees for permits required hereunder shall be in accordance with the
schedule of fees as established from time to time by the city council, and as more fully set forth
in appendix D to the Friendswood City Code.
Section 106.6.3. Section 106.6.3 is hereby amended to read as follows:
106.6.3. Fee refunds. The code official shall authorize the refunding of fees where the full
amount of any fee paid hereunder was erroneously paid or collected.
Section 109.2. Section 109.2 is hereby amended to read as follows:
109.2 Membership of the board of appeals. The board shall be appointed by the city council of
the city and the qualifications of members of the board, and the terms for which such members
shall serve, shall be as determined by the city council. The city council may remove any member
of the board at any time, with or without cause, regardless of whether such member has been
appointed for a definite or an indefinite term.
Section 305.6.1. Section 305.6.1 is hereby amended to read as follows:
305.6.1. Sewer depth. Building sewers, which connect to private sewage disposal systems, shall
be a minimum of 12 inches below finished grade at the point of septic tank connection. Building
sewers shall be a minimum of 12 inches below grade.
Section 608.16.5 Section 608.16.5 is hereby amended to read as follows:
A. Irrigation systems shall be installed in accordance with this section and other applicable
rules and regulations of the city.
B. Irrigation system design drawings shall be prepared by a master plumber whose license
number shall appear on the drawings, or by a Texas Professional Engineer, a licensed irrigation
installer, or a licensed landscape architect. The latter three professionals shall seal, sign and datei
their drawings.
C. It shall be unlawful for any person for hire to install all or any part of an irrigation system
within the city unless that person holds a master plumber license issued by the Texas State Board
of Plumbing Examiners or a valid installer's license issued by the Texas Commission on
Environmental Quality ("TCEQ"), in accordance with V.T.C.A., § 1903.251, now or as hereafter'
amended.
D. The owner of the property on which an irrigation system is to be installed may install all ofj
the irrigation system with the exception of the connection to the potable water source, the water
meter and the required backflow prevention device, each of which must be installed and
appropriately connected by a qualified person as noted in subsection C above.
E. It shall be unlawful for any person to install all or any portion of an irrigation system without
having first received a permit therefor from the city. An irrigation installation permit for the,
installation of the connection to the potable water source, the water meter and the required)
backflow prevention device shall not be issued to any person who is not a qualified person as
noted in subsection C above.
F. The city shall have no obligation to maintain or protect, or to repair or replace, all or any part
of an irrigation system, existing or future, that is located within a public right-of-way or
Ord.2010-08 6
- easement, that is damaged or destroyed, or required to be removed, incident to or as a result of
roadway and/or utility or drainage construction, maintenance or operation.
G. Exemptions to the above permit requirements are:
(1) Systems associated with on-site sewage disposal systems;
(2) Irrigation systems used on or by an agriculture operation; or
(3) Irrigation systems connected to a groundwater well used for domestic purposes.
Section 904.1. Section 904.1 is hereby amended to read as follows:
904.1. Roof extension. All open vent pipes that extend through a roof shall be terminated at least
six inches above the roof, except that where a roof is to be used for any purpose other than
weather protection, the vent extensions shall be run at least seven feet (2,134 mm) above the
roof.
Sec. 14-254. Penalty for violation of article.
Any person who shall violate any provision of this article shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined pursuant to section 1-14, except that a
violation of section 608.16.5 [of the plumbing code adopted in this article] shall be subject to a
fine in an amount not to exceed $500.00.
Secs. 14-255--14-273. Reserved."
Section 5. Article V. "Mechanical Code" of Chapter 14 of the Code of Ordinances of
the City of Friendswood, Texas, which adopted the International Mechanical Code, 2003
Edition, together with certain amendments thereto, is hereby amended as set forth below, to read
and provide as follows:
"ARTICLE V. MECHANICAL CODE
i
Sec. 14-274. International Mechanical Code adopted.
The [2803] 2009 Edition of the International Mechanical Code, including appendices
except appendix B thereof, as published by the International Code Council, Inc., an authentic
copy of which has been filed with the city secretary, is hereby adopted by reference and made a
part of this article.
Sec. 14-275. Amendments.
The [2 W] 2009 Edition of the International Mechanical Code, as adopted in section 14-
274 above, is hereby amended as follows:
Section 101.1. Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of
Friendswood, Texas, hereinafter sometimes referred to as "this code."
Ord.2010-08 7
Section 106.5.2. Section 106.5.2 is hereby amended to read as follows:
106.5.2 Fee schedule. The fees for permits required hereunder shall be in accordance with the
schedule of fees as established from time to time by the city council, and as more fully set forth
in appendix D to the Friendswood City Code.
Section 106.5.3. Section 106.5.3 is hereby amended to read as follows:
106.5.3. Fee refunds. The code official shall authorize the refunding of fees where the full
amount of any fee paid hereunder was erroneously paid or collected.
Section 109.2. Section 109.2 is hereby amended to read as follows:
109.2 Membership of the board of appeals. The board shall be appointed by the city council and
the qualifications of members of the board, and the terms for which such members shall serve,
shall be as determined by the city council. The city council may remove any member of the
board at any time, with or without cause, regardless of whether such member has been appointed
for a definite or an indefinite term.
Section 6. Article VI. "Fuel Gas Code" of Chapter 14 of the Code of Ordinances of
the City of Friendswood, Texas, which adopted the International Fuel Gas Code, 2003 Edition,
together with certain amendments thereto, is hereby amended as set forth below, to read and
provide as follows:
ARTICLE VI. FUEL GAS CODE
Sec. 14-299. International Fuel Gas Code adopted.
The [2403] 2009 Edition of the International Fuel Gas Code, as published by the
International Code Council, Inc., a copy of which has been filed with the city secretary, is hereby
adopted and made a part of this article.
Sec. 14-300. Amendments.
The [2000] 2009 Edition of the International Fuel Gas Code, as adopted in section 14-299 1
above, is hereby amended as follows:
Section 101.1. Section 10 1.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Friendswood,
Texas, hereinafter sometimes referred to as "this code."
Section 106.6.2 [496-52]. Section 106.6.2 [4464-.2] is hereby amended to read as follows:
106.6.2 [4D6:52] Fee schedule. The fees for permits required hereunder shall be in accordance
with the schedule of fees as established from time to time by the city council, and as more fully.
set forth in appendix D to the Friendswood City Code.
Section 106.6.3 [446-..54]. Section 106.6.3 [44663] is hereby amended to read as follows:
106.6.3 [44I66-3]. Fee refunds. The code official shall authorize the refunding of fees where the
full amount of any fee paid hereunder was erroneously paid or collected.
Ord.2010-08 8
Section 109.2. Section 109.2 is hereby amended to read as follows:
109.2 Membership of the board of appeals. The board shall be appointed by the city council and
the qualifications of members of the board, and the terms for which such members shall serve,
shall be as determined by the city council. The city council may remove any member of the
board at any time, with or without cause, regardless of whether such member has been appointed
for a definite or an indefinite term."
Section 7. Article VIII. "Swimming Pools", section 14-356 of Chapter 14 of the
Code of Ordinances of the City of Friendswood, Texas, is hereby amended as set forth below, to
read and provide as follows:
"Sec. 14-356. Barrier requirements.
Every person in possession of land within the city, either as owner, purchaser under contract,
lessee, tenant or licensee, upon which is situated a swimming pool shall at all times maintain
upon the lot or premises on which the swimming pool is located, and completely surrounding the
swimming pool, lot or premises, a fence, wall or other solid structure designed to comply with
the requirements of appendix G of the 2009 [2803] International Residential Code for One- and
Two-Family Dwellings."
Section 8. Article X. "Miscellaneous Codes" of Chapter 14 of the Code of
Ordinances of the City of Friendswood, Texas, which adopted the International Energy.
Conservation Code, 2003 Edition, International Property Maintenance Code, 2003 Edition, and
International Residential Code for One- and Two-Family Dwellings, 2000 Edition, together with
certain amendments thereto, is hereby amended as set forth below, to read and provide as
follows:
"ARTICLE X. MISCELLANEOUS CODES*
*State law references: Home rule municipality may require buildings to comply with energy)
conservation standards, V.T.C.A., Local Government Code § 214.901; International Residential
Code,V.T.C.A., Local Government Code § 214.212.
Sec. 14-420. International Energy Conservation Code adopted.
The [2409] 2009 Edition of the International Energy Conservation Code, as published byl
the International Code Council, Inc., a copy of which has been filed with the city secretary, is,i
hereby adopted and made part of this article.
Sec. 14-421. International Property Maintenance Code adopted.
Ord.2010-08 9
The [2003] 2009 Edition of the International Property Maintenance Code, as published
by the International Code Council, Inc., an authentic copy of which has been filed with the city
secretary, is hereby adopted and made a part of this article.
See. 14-422. International Residential Code for One- and Two-Family Dwellings adopted.
A. The International Residential Code for One-and Two-Family Dwellings, [2008] 2009
Edition, including all appendices, as published by the International Code Council, Inc., an
authentic copy of which has been filed with the city secretary, is hereby adopted and made a part
of this article.
B. The 2009 Edition of the International Residential Code for One-and Two-Family
Dwellings, is hereby amended as follows:
Section E3406.3, Minimum size of conductors, of the International Residential Code is hereby
deleted and replaced with the following:
E3406.3 Minimum size of conductors. The minimum size of conductors for feeders and branch
circuits shall be No. 12 cooper. The minimum size of service conductors shall be as specified in
Chapter 37. The minimum size of class 2 remote control, signaling and power-limited circuits i
conductors shall be as specified in Chapter 43.
Section E3601.6.2, Service disconnect location, of the International Residential Code is hereby
deleted and replaced with the following:
E3601.6.2. Service disconnect location The service disconnecting means shall be installed at a
readily accessible location outside of a building nearest the point of entrance of the service
conductors. Service disconnecting means shall not be installed in bathrooms. Each occupant shall
have access to the disconnect serving the dwelling unit in which they reside."
Section 9. Any person who shall knowingly, willingly, or with criminal negligence
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall
constitute a separate offense.
Section 10. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any and every part
Ord.2010-08 10
of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED and APPROVED on first reading this 5 ffi day of April, 2010.
PASSED, APPROVED, and ADOPTED on second and final reading this the 19`h ,
day of April, 2010.
Davi J.H. Smith j
Mayor
I
ATTEST:
ERIBIyO
A o
Melinda Welsh, TRMC v o
City Secretary * )/��
lqT� OF
Ord.2010-08 11