Loading...
HomeMy WebLinkAboutOrdinance No. 2005-03 Title: An Ordinance amending the Building Code Ordinances to adopt the 2003 International Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Energy Conservation Code, and Property Maintenance Code with amendments; to amend the City's Electrical Code to conform with changes in the state law; and to change the fencing requirements for residential swimming pools to comply with the International Residential Code for One-and-Two Family Dwellings. ORDINANCE NO. 2005-03 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, FUEL GAS CODE, ENERGY CONSERYATION CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE, (THE "INTERNATIONAL CODES") ALL AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC.; PROVIDING CERTAIN AMENDMENTS AND DELETIONS TO SAID INTERNATIONAL CODES; ADDING SECTION 14-31 TO ESTABLISH REGULATIONS GOVEI2NING CONSTRUCTION SITES WITHIN THE CITY; AMENDING THE CITY'S ELECTRICAL CODE TO ADD NEW DEFII�IITIONS AND APPLICATION REQUIREMENTS FOR SUCH NEWLY DEFINED CATEGORIES OF ELECTRICIANS, TO DEFER TO THE LICENSING OF ELECTRICIANS BY TI�E STATE, TO ALLOW A PROPERTY OWNER TO OBTAIN AN ELECTRICAL PERMIT FOR WORK DONE WITH HIS OWN HANDS ON HIS OWN HOMESTEAD, TO REDUCE THE LENGTH OF TIME AN ELECTRICAL PERMIT IS VALID FROM TWELVE (12) MONTHS TO 180 DAYS, TO DELETE THE PROVISIONS ALLOWING TEMPORARY WORK, EMERGENCY WORK AND EMERGENCY WIRING, TO DELETE THE REQUIREMENT THAT THE CITY PERFORM ELECTRICAL INSPECTIONS WITHIN 48 HOURS OF THE NOTIFICATION TO THE CITY OF THE NEED FOR AN ELECTRICAL INSPECTION, TO DELETE THE PROVISION ALLOWING ELECTRICAL WORK NOT INSPECTED WITHIN 48 HOURS OF NOTIFICATION TO THE CITY OF THE NEED FOR AN ELECTRICAL INSPECTION TO BE CONCEALED, TO DELETE THE PROVISIONS RELATED TO A CERTIFICATE OF CONFORMANCE AND A TEMPORARY CERTIFICATION, TO DELETE THE PROVISION REQUIRING DISCONNECTION OF ELECTRICAL SERVICE EACH TIME A BUILDING CHANGES OCCUPANTS, TO DELETE THE PROVISIONS ALLOWING PARTIAL INSPECTIONS, TO DELETE THE PROVISIONS GOVERNING THE UNLAWFUL SUPPLY OF ELECTRIC CURRENT AND REESTABLISHIVIENT OF UNLAWFUL ELECTRIC CURRENT CONNECTIONS, TO DELETE THE REQUIREMENT AND ADMINISTRATION OF ELECTRICIANS' EXAMINATIONS, TO REQUIRE THAT ALL ELECTRICIANS' LICENSES EXPIRE ON DECEMBER 31 OF EACH YEAR, TO DELETE THE REQUIREMENT THAT AN ELECTRICIAN MUST POST A SPECIFIED BOND AS A CONDITION TO THE ISSUANCE OF AN ELECTRICIANS' LICENSE BY THE CITY, AND TO DELETE THE PROVISIONS RELATED TO THE SUSPENSION, REVOCATION AND SURRENDER OF AN ELECTRICIANS' LICENSE ISSUED BY THE CITY; BY DELETING PROVISION ADOPTING THE EXAMINATION PLUMBING CODE AND STUDY GUIDE AS PUBLISHED BY THE TEXAS BOARD OF PLUMBING EXAMINERS; BY DELETING PROVISION REQUIRING FENCING AROUND RESIDENTIAL SWIMMING POOLS AND REQUIRE THAT SUCH SWIMNIING POOLS COMPLY WITH APPENDIX G OF THE 2003 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND-TWO FAMILY DWELLINGS; BY AMENDING APPENDIX D TO THE FRIENDSWOOD CITY CODE, SAID APPENDIX BEING THE SCHEDULE OF FEES FOR THE CITY TO CHANGE THE CODE REFERENCES FOR FEES CHARGED FOR ELECTRICIANS' LICENSES CONSISTENT HEREWITH; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. City of Friendswood, Texas Ordinance No. 2002-19, as amended, originally adopted on or about the 18th day of October 2002, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Building Code in Section 14-26 thereof and adding thereto a reference to the 2003 version of the International Building Code to read as follows: "Sec. 14-26 Adopted. The [2000] 2003 Edition of the International Building Code as published by the International Code Council, Inc., is hereby adopted by reference and made part of this chapter." 2 Section 2. City of Friendswood, Texas Ordinance No. 2002-19, as amended, originally adopted on or about the 18th day of October 2002, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Building Code in Section 14-27 thereof and adding thereto a reference to the 2003 version of the International Building Code, and by changing the amendments to the 2003 International Building Code adopted in Section 1 above to read as follows: "Sec. 14-27. Amendments. The [2000] 2003 Edition of the International Building Code adopted in section 14-26 is hereby amended as set out in this section. 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." Section 101.4.1. Section 101.4.1 is hereby amended to read as follows: 101.4.1. Electrical. The provisions of the NFPA 70 National Electrical Code, as published by the National Fire Protection Association, heretofore adopted by the City, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixgtures, fittings and appurtenances thereto. Section 108.2.1. Section 108.2.1 is hereby adopted to read as follows: 108.2.1. Plan Checking Fees. When [the valuation of the proposed construction exceeds $1,000.00 and] a plan is required to be submitted by section 106, a plan-checking fee shall be paid to the Building Official at the time of permit issuance: [submitting plans and specifications for checking.] provided, however, that if a permit is not issued for the �roject within 90 days of completion of the plan review the plan review fees will become due and payable at that time. Said plan-checking fee shall be equal to one-half of the building permit fee. [Section 108.2.2. The following section 108.2.2 is hereby adopted to read as follows: 3 108.2.2. 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 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 110.1. The following section 110.1 is hereby adopted with the addition of a new last sentence that to read as follows: 110.1. For the purpose of this section, moving furniture or any personal items into the property prior to issuance of a certificate of occupancy constitutes occupancy or use of the property. Section 112.1. The following section 112.1 is hereby adopted to read as follows: 112.1. 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 desi�n professionals, contractors, building industrv representatives and licensed electrical contractors. In addition to the regular members there shall be two alternate members, one member at large from the buildin� 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 followin�section 401.2 is hereby amended to read as follows: 401.2. All foundations are to be desi�ned bv a re istered professional en�ineer. All plans must be submitted with original wet seal stamps applied. Foundation construction shall be capable of accommodating all loads accordin� to Section R301 and of transmitting the resulting loads to the su ortin soil. Fill soils that su ort footin s and foundations shall be desi�ned, installed and tested in accordance with accepted en ineering practice. Gravel fill used as footin�s for wood and precast concrete foundations shall comply with Section R403. Section [1507.9.9.] 905.8. The following section [1507.9.9] 905.8. is hereby adopted to read as follows: [1507.9.9.] 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. 4 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 here by adopted by reference and declared to be a part of this section. [Section 1805.1. The following section 1805.1 is hereby amended by adding a new first sentence to read as follows: 1805.1. All foundations are to be designed by a registered professional engineer. All plans must be submitted with original wet seal stamps applied thereto. . . .] [Section 2308.9.1. The following section 2308.9.1 is hereby adopted to read as follows: 2308.9.1. The size, height and spacing of studs shall be in accordance with Table 2308.9.1 except that utility grade studs shall not be spaced more than 16 inches on center, or support more than a roof and ceiling, or exceed 8 feet in height for exterior walls and load-bearing walls or 10 feet for interior nonload-bearing walls. 2 x 4 studs shall be spaced a maximum of sixteen (16") inches on center and 2 x 6 studs shall be spaced a maximum of twenty-four(24) inches on center.] Section 3409.2. The first paragraph of section 3409.2 is hereby amended to read as follows: 3409.2. 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. City of Friendswood, Texas Ordinance No. 2002-19, as amended, originally adopted on or about the 18th day of October 2002, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by adding thereto a new Section 14-31 setting forth requirements for maintenance of construction sites in the City of Friendswood which shall read as follows: 5 "Section 14-31. Housekeeping practices. All construction sites within the Citv of Friendswood shall be maintained in such a way that no mud or dirt will leave the site. Every effort shall be made to ensure that all streets and storm inlets are protected, as well as all streams, creeks and other waterwavs. All disturbed areas in front and side yards shall be sodded on lots less than one acre. Lots one acre and larger ma�provide soddin throu�hout any ditch areas located in Citv ri hts�-of- ways and onto the propertv adjacent to the ditches at least 10 feet. Additionallv, another form of re-vegetation acceptable to the Cit�may be provided on the remainder of the site as long as silt fencin� or other approved methods are installed to keep, soils eroded from the site from enterin th� e City's storm sewer svstem." Section 4. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by adding to Section 14-51 thereof a definition of Apprentice Electrician, Journeyman Sign Electrician, Maintenance Electrician, Master Sign Electrician, and Residential Wireman, and amending the definition of Electricial Work, Journeyman Electrician, Master Electrician, and Meter Loop contained in Section 14-51 thereof to read as follows: "Sec. 14-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Apprentice electrician means a person licensed as an apprentice electrician as reco�nized under Section 1 Title 8 Chapter 1305 Electricians of the Occupations Code of the State of Texas. Conviction means a final determination of guilt or the forfeiture of bail, recognizance or appeal bond. Electrical Inspector means the city electrical inspector or his duly authorized deputies. Electrical work means [all materials, devices, appliances, machinery and equipment used in connection with the production, transmission or consumption of electrical energy, together with installing, maintaining or repairing such materials, devices, appliances, machinery and equipment.] any labor or material used in installin� maintaining or extendin�an electrical wiring svstem and the appurtenances apparatus or equipment 6 used in connection with the use of electrical ener�y in on outside or attached to a buildin�, residence, structure, property or premises. The term includes service entrance conductors as defined bv the National Electrical Code. Journeyman electrician means a person licensed as a journeyman electrician [in compliance with the requirements of this article, employed by contractors and working under the supervision of a licensed master electrician to install, repair, alter and maintain electrical appliances, wiring, apparatus, devices, fixtures or equipment, for which a permit is required under the terms and conditions of this article.] as reco n� ized under Section 1 Title 8 Chapter 1305 Electricians of the Occupations Code of the State of Texas. Journevman sign electrician means a person licensed as a journevman si�n electrician as recognized under Section 1 Title 8 Chapter 1305 Electricians, of the Occupations Code of the State of Texas. Maintenance Electrician means a person licensed as a maintenance electrician as reco�nized under Section 1 Title 8 Chapter 1305 Electricians, of the Occupations Code of the State of Texas. Master electrician means a person licensed as a master electrician [in compliance with the requirements of this article, skilled and engaged in the planning, supervision, installation or repairing, or contracting to install or repair, wires, conductors and equipment used within or on buildings for the transmission of electrical current for electric light, heat, power or signaling purposes, together with the fitting for such equipment necessary for the protection of such equipment.] as reco�nized under Section 1, Title 8, Chapter 1305, Electricians, of the Occupations Code of the State of Texas. Master SiQn Electrician means a person licensed as a master si� electrician as reco�nized under Section 1 Title 8 Chapter 1305 Electricians, of the Occupations Code of the State of Texas Meter loop means the service entrance conductors, meter base, service overcurrent units, service disconnects, and the system and equipment grounding,[; as per Texas, New Mexico and Houston Lighting and Power Standards.] N.E.C. means the edition of the National Electrical Code as compiled by the National Fire Protection Association adopted in this article. Residential Wireman means a person licensed as a residential wireman as reco�nized under Section 1 Title 8 Chapter 1305 Electricians of the Occupations Code of the State of Texas. 7 Safe condition, as applied to electrical installations and equipment, means installations and/or equipment which, in the opinion of the electrical inspector, can be used in service for which such installations or equipment are intended or likely to be used with minimum hazard to life, limb or property, thus being installations and equipment reasonably safe to persons and property." Section 5. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by deleting the reference to the 1999 version of the National Electrical Code in Section 14-56 thereof and adding thereto a reference to the 2002 version of the National Electrical Code as follows: "Sec. 14-56. Adoption of code; compliance required; conflicts; service requirements. (a) Any and all electrical wark 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 [1999] 2002 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. Minimum service requirements shall be as required by the serving utility companies." Section 6. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by requiring all electrical work performed within the City to be performed by a licensed electricial by amending Section 14-57 thereof, to read as follows: "Sec. 14-57. [Electrical installations.] License required. [All electrical work as covered by this article shall be installed in a neat and workmanlike manner with materials of such kind, quality and capacity as will maintain satisfactory and economical service to both the serving and consuming parties.] No electrical work of an�ype shall be done bv anv individual or company without a current Citv of Friendswood electrical license except that a propertv owner performing electrical work with his own hands in a s buildin� or on the surroundin�propertv owned by him and registered as his homestead maY be issued a permit to do electrical work on his homestead without a Citv license." Section 7. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by adding thereto a new Section 14-59 setting forth requirements for supervision of electrical work within the City of Friendswood, which shall read as follows: "Sec. 14-59. [Reserved.] Job Suuervision. There shall be at least one journeyman master or where a�propriate residential wireman licensed electrician on each propertv where electrical work of an�vpe is being done b�an apprentice electrician." Section 8. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by deleting therefrom Section 14-71 in its entirety as follows: [Sec. 14-71. Construction board of adjustment and appeals. The construction board of adjustment and appeals, as specified in section 112 of the International Building Code, shall be utilized for the regulation and examination of electricians within the city.] Section 9. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by removing the requirement that the office of electrical inspector of the City have certain experience as an electrical inspector, assistant electrical inspector, or as a journeyman or master electrician, by amending Section 14-96 thereof as follows: "Sec. 14-96. Creation of office; qualifications. There is hereby created the office of electrical inspector of the city. The person chosen to fill the office of electrical inspector shall be of good moral character, shall be competent and well versed in the rules and regulations of the NEC, of such statutes of the state as are applicable, and the terms of this article; shall be possessed of such executive ability as is requisite for the performance of his duties; shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment[;] and shall be well versed in approved methods of construction for safety to persons and property, [; and shall have had at least five years' experience as an electrical inspector or assistant electrical 9 inspector and/or as a journeyman or master electrician in the installation of electrical equipment; or in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a recognized college or university and shall have had at least two years'practical experience.]" Section 10. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the provision related to the electrical inspector's maintainence of records as set forth therein by deleting therefrom Section 14-100 in its entirety as follows: [Sec. 14-100. Records. (a) The electrical inspector shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provisions of this article and shall keep a record of all condemnations of electrical installations. The electrical inspector shall file every application for a license received by him, and shall maintain suitable indices containing: (1) All applications denied, and on each report thereof note the reason for such denial. (2)All applications granted (3) The name of every licensee whose license has been suspended or revoked, and after each name note the reason for such action. (b) The electrical inspector shall file the abstracts of court records of convictions and in connection therewith shall maintain convenient records or make suitable notations in order that an individual record of a licensee, showing the convictions or other records of such licensee, shall be readily ascertainable and available for the consideration of the electrical board upon any application for renewal of license and at other suitable times. The electrical inspector shall, furthermore, keep on file a list of electrical equipment inspected and certified by Underwriters Laboratories, Inc., which list shall be accessible for public reference during office hours.] Section 11. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to allow a property owner performing electrical work with his own hands in a building or on the surrounding property owned by him and registered as his lo homestead to be issued a permit to do electrical work on his homesead by amending Section 14-122 thereof as follows: "Sec. 14-122. Who may obtain. (a) Except as otherwise specifically provided in this article, no permit shall be issued to any person who is not the holder of a valid unexpired master electrician's license. A master electrician who is employed as a master electrician for a person shall take out electrical permits only for that person and shall supervise, direct and control the electrical work for which the electrical permit is obtained. A master electrician who is engaged in the electrical business far himself shall take out electrical permits for his business only and no electrical permits shall be taken out by any master electrician who does not supervise, direct and control the electrical work for which the permit is obtained. Each master electrician may appoint not more than two of his full-time employees to act as his agents in obtaining permits by filing with the electrical inspector an affidavit sworn to before an officer authorized to administer oaths, stating the name and address of each such agent, that each agent is a regular and full- time employee under the supervision of such master electrician, and that such master electrician assumes all and full responsibility for any permit taken out or applied for by any such agent. Such affidavit shall be permanently filed by the electrical inspector, but this provision is intended only as a convenience to master electricians in handling ordinary electrical work and shall never be construed as making the delivery of a permit to any agent mandatory upon the electrical inspector. (b) A pro�erty owner [person] performing electrical [repairs and maintenance] work with his own hands in a building or on the surroundin�propertv [dwelling] owned by him and registered [in the city tax rolls] as his homestead may be issued a permit to do electrical work on his homestead." Section 12. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the stated requirements of an application for a permit described therein by amending Section 14-123 thereof as follows: "Sec. 14-123. Application. Applications for permits required by this article must be made in writing by the person employed to do the work, or his authorized agent as provided in section 14-122, and will be submitted upon forms provided by the electrical inspector for that purpose. [Such application shall contain: 11 (1) Date application is submitted (2) Name of owner and name of person employed to do the work (3) Name of person actually presenting application to the electrical inspector. (4) Exact location of the property where work is to be done. (5) A fee, appropriate to the number and kinds of installations to be made in the amount specified in the schedule contained in section 14-124. (6) A description of the work to be performed. Where deemed necessary by the electrical inspector to accomplish the objectives of this article, applications shall be accompanied by as many copies of specifications, plans and a complete feeder layout drawn to scale and in detail to show the nature and character of the work to be performed as the inspector may deem necessary. The plan or diagram shall show the manner in which the electrical installation is to be made or the character of any of the repairs to existing electrical installations. When such plans, specifications and layout are demanded, it shall be a violation of this article for any person to install any part of the electrical work concerned until the electrical inspector approves such installations. (7) Other such pertinent information as may be required by the electrical inspector.]" Section 13. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the insurance requirements far master electricians by deleting therefrom Section 14-127 in its entirety as follows: [Sec. 14-127. Insurance requirements. No master electrician shall be issued a permit until the applicant shall have arranged to carry the following insurance: (1) Worker's compensation insurance on each and every one of his employees, and this insurance shall be in accordance with the state worker's compensation act. (2) Public liability insurance to the extent of $300,000.00 for any one accident, and $100,000.00 for any one person. (3) Property damage insurance to the extent of $100,000.00 for any one accident, and $100,000.00 for any piece of property. The insurance required by this section shall be written by an accredited company under the supervision of the state board of insurance commissioners. Evidence of compliance with such required insurance shall be considered as having been met when the policy, a copy thereof, or a certificate of insurance has been filed with the electrical inspector. Such policy shall include an endorsement thereon that the inspector will be notified at least ten days in advance in the event the policy or policies are cancelled or expire before the expiration date of the electrician's license involved.] 12 Section 14. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to reduce the valid term allowed by a permit described therein from twelve (12) months to 180 days by amending Section 14-129 thereof to read as follows: "Sec. 14-129. Terms of permit. If the work autharized by a permit is not begun within 90 days from the date thereof, such permit shall thereupon and thereafter be null and void; and before doing any further work at the location designated in such permit, a new permit must be obtained in like manner as the first, and only upon payment of such fees and deposits as are specified in this article. The permit shall be valid for 180 davs [12 months.] However, the electrical inspector may extend the initiation or expiration date where he finds that extraordinary circumstances beyond the control of the permit holder have made it impossible to initiate or complete the work before the original date. Only one extension shall be allowed." Section 15. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the allowance of temporary work as specified therein by deleting therefrom Section 14-130 in its entirety as follows: [Sec. 14-130. Temporary work. When a permit to install work of a temporary character for a time to be specified in such permit, and not in any case to exceed 60 days, shall have been issued by the electrical inspector, a strict compliance with the rules in this division for permanent work will not be exacted; provided, that the character of the work is entirely safe for the period designated in the permit. No temporary wark or alterations shall be allowed in live circuits unless protected by the proper overcurrent device.] Section 16. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the allowance of emergency work as specified therein by deleting therefrom Section 14-131 in its entirety as follows: [Sec. 14-131. Emergency work. In case of an emergency necessitating the immediate new wiring or repairs to electrical wiring at a time when the office of the electrical inspector is closed so that a permit cannot be obtained, such permit shall thereafter be issued by the inspectar if written application shall be made therefore during the next succeeding day that such office shall be open.] 13 Section 17. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the requirement that any inspection must be performed within 48 hours of the request by amending Section 14-146 thereof to read as follows: "Sec. 14-146. Inspector to be notified. Upon completion of any installation of electrical equipment which has been made under a permit, it shall be the duty of the licensed master electrician, or his duly authorized agent, making the installation to notify the electrical inspector that the work is ready for inspection. [, who shall inspect the installation within 48 hours, exclusive of Saturdays, Sundays and holidays, of the time such notice is given or as soon thereafter as practicable.]" Section 18. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provisions related to a certificate of conformance by deleting therefrom Section 14-147 in its entirety as follows: [Sec. 14-147. Certificate of conformance. Where the electrical inspector finds the installation to conform with the provisions of this article, he shall issue to the licensed master electrician making the installation a notice of conformance, which shall be placed on the equipment or premises, authorizing the use of the installation, and he shall notify the agent supplying the electrical service. This certificate shall not relieve the master electrician of his responsibility for any defective work that may have been concealed or which escaped the notice of the inspector.] Section 19. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to temporary certification by deleting therefrom Section 14-148 in its entirety as follows: [Sec. 14-148. Temporary certification. The electrical inspector may give permission to temporarily connect and furnish electricity to any wiring, apparatus or fixtures for a period not to exceed 30 days if, in his opinion, such wiring, apparatus or fixtures are in such condition that current may be safely connected therewith and there exists an urgent necessity for such use, when written application is filed with him requesting such permission. When a certificate of approval is 14 issued authorizing the connection and use of a temporary installation, such certificate shall be issued to expire at a time to be stated therein and shall be revocable by the electrical inspector for good cause.] Section 20. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to emergency wiring by deleting therefrom Section 14-149 in its entirety as follows: [Sec. 14-149. Emergency wiring. Emergency wiring may be permitted by the electrical inspector for a period not to exceed 30 days, at which time such wiring or service must be removed. If service is required for a longer period on large construction jobs only, such service or emergency wiring shall be reinspected and a fee established by resolution and printed in appendix D of the Code shall be charged for reinspection each 90 days thereafter. Emergency wiring permits must be signed both by the master electrician contracting to perform the electrical work and the owner or occupant of the building or premises on which they are installed, stating the period for which emergency wiring is desired and signifying that emergency work will be promptly removed after expiration of the emergency permit issued.] Section 21. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the provision allowing concealment of electrical work upon the expiration of 48 hours from the time of notifying the City of the need for an inspection by amending Section 14-150 thereof to read as follows: "Sec. 14-150. Concealed electrical work. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building and/or equipment, the licensed master electrician installing the equipment shall notify the electrical inspector, and such equipment shall not be concealed until it has been inspected and approved by the electrical inspector_ [or unti148 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification; provided, however, that on large installations where concealment of equipment proceeds continuously, the master electrician installing the electrical equipment shall give the electrical inspector due notice, and inspection shall be made periodically during the progress of the work. It shall be unlawful for any person to conceal or place in operation any electrical equipment which has been disapproved or condemned by the electrical inspector unless and until such equipment has 15 been so repaired or altered that it complies with all provisions of this article and has thereafter been approved by the electrical inspector.]" Section 22. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to a change of occupants by deleting therefrom Section 14-152 in its entirety as follows: [Sec. 14-152. Change of occupants. The electrical supply agency shall disconnect the electrical service to any building and/or premises, except private residences and duplex apartments, each time such building or premises changes occupants, and it shall not again supply electricity to such building or premises until authorized to do so by the electrical inspector. The owner and/or the new occupants of such buildings and/or premises shall make application to the electrical inspector for an inspection.] Section 23. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to partial inspections by deleting therefrom Section 14-153 in its entirety as follows: [Sec. 14-153. Partial inspections. When a master electrician does not have the contract for finishing of electrical work covered by his permit, he shall deliver his final inspection request in writing when his part of the electrical wark is completed and must state in writing the part of the electrical work installed by him.] Section 24. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to an unlawful supply of electrical current to any building within the City by deleting therefrom Section 14-154 in its entirety as follows: [Sec. 14-154. When supply of electric current unlawful. It shall be unlawful for any electrical supply agency operating in the city to furnish current to any new building, tent structure ar outdoor wiring of any kind, nature or description without first obtaining a clearance from the electrical inspector stating that such wiring is approved and a permit has been issued for the use of current. Whenever any service is discontinued to any building or structure for any cause whatever (excepting nonpayment 16 of bilis), a clearance will be necessary before such building or structure can be reconnected. Any time a building is vacated, the electrical inspector must make certain that there has not been any unauthorized addition made to the wiring of such building that might create a fire hazard or that wiring is in such a condition as to be hazardous.] Section 25. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision related to the unlawful restoration of electrical service as described therein by deleting therefrom Section 14-155 in its entirety as follows: [Sec. 14-155. When restoration of electrical service unlawful. Whenever any electrical service has been disconnected by order of the electrical inspector for reasons of being unsafe to persons or property, such service shall not be restored until a certificate of approval from the electrical inspector has been received by the electrical supply agency.] Section 26. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the requirements of and administration of examinations for master electricians, journeyman electrians, and master sign electrician by deleting therefrom Chapter 14 all of Division 6 as follows: [DIVISION 6. ELECTRICIAN'S EXAMINATIONS Sec. 14-171. Master electrician. An examination for a master electrician's license shall be of such a nature as to show the applicant's satisfactory knowledge of the National Electrical Code, such state statutes as are applicable, other recognized requirements pertaining to electrical work and his ability to correctly diagram and to instruct other persons in the making of practical electrical installations with correct sizes and values of required materials and devices. Sec. 14-172. Journeyman electrician. An examination for a journeyman electrician's license shall be of such a nature as to show the applicant's satisfactory ability to follow written and verbal instructions, and satisfactory and thorough knowledge of the NEC, such state statutes as are applicable and other requirements pertaining to electrical work. 17 Sec. 14-173. Master sign electrician. An examination for a master sign electrician's license shall be of such a nature as to show the applicant's satisfactory knowledge of the National Electrical Code, such state statutes as are applicable, other recognized requirements pertaining to electrical sign work and his ability to correctly diagram and to instruct other persons in the making of practical electrical sign installations with correct sizes and values of required materials and devices. A master sign electrician designation shall only allow the holder of the license to do electrical work associated with the direct connection of the sign components to the electrical supply for the sign. Extension or addition of circuits from any electrical source to the sign is not permitted for this license designation. Sec. 14-175. Certificate of qualification. (a) Required. The city shall require that each applicant for a master electrician's, journeyman electrician's or master sign electrician's license have a certificate of qualification issued by an approved testing agency which certifies that the applicant has been found competent as a master, journeyman or master sign electrician. The certificate shall entitle the applicant to apply for a license to carry on specified electrical work in the city. (b) Nontransferable; revocation. Certificates of qualification are personal only to the examinee and are not in any manner transferable. All such certificates are revocable for sufficient cause upon filing of written charges by the electrical inspector or electrical board.] Section 27. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to require applications for a license for a journeyman sign electrician, residential wireman, maintenance electrician, or apprentice electrician, to remove the requirement of demonstrating previous experience by a master electrician, journeyman electrician, and master sign electrician, and to require a copy of the applicant's current State of Texas electrical license with each application for permit, by amending Section 14-192 to read as follows: "Sec. 14-192. Applications. Every application far a license as a master electrician, journeyman electrician,_[or] master sign electrician, journevman si�n electrician 18 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 [, a statement of his active and practical experience, and shall state whether the applicant has previously been licensed as a master electrician or other classification of electrician, and, if so, when and by what state, county or city, and whether any such license has ever been suspended or revoked. A master electrician's application shall provide proof of four years of practical experience as a journeyman or licensed electrical engineer. A journeyman electrician's application shall provide proof of four years of electrical experience or the equal amount of time in an electrical trade school or a secondary school. Master sign electrician's application shall provide proof of four years practical experience as a sign electrician/installer.] Each a�plicant shall su�ply a co�y of their current State of Texas electrical license. The license fee prescribed by resolution of the city council and printed in appendix D of this Code shall accompany applications." Section 28. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to require that all electricians' licenses expire on December 31 of each year by amending Section 14-193 to read as follows: "Sec. 14-193. Term and renewal. No license under this article shall be issued for more than a year, and such license may be renewed from year to year upon application by the holder of such license. All licenses shall expire on December 31 of each year. [Licenses shall be renewed before April 1 each year thereafter upon payment of such fees as are established by resolution and printed in appendix D of the Code, and made payable to the building section; provided, of course, that such license has not been canceled prior thereto.]" Section 29. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision requiring that a bond be posted as a condition of the issuance of an electrical permit as described therein by deleting therefrom Section 14-195 in its entirety as follows: [Sec. 14-195. Bond. (a) No person shall be issued a master electrician's license or master sign electrician's license under this article until such person shall have made, executed and delivered to the electrical inspector a surety in the 19 amount of$1,000.00, payable to the city. Such surety bond shall be with a recognized and reliable surety company authorized to do business in the state and shall cover compliance with all provisions and requirements of this article and the applicable laws of the state and the city. Such bond shall hold the city free from damage or loss of every nature for acts or neglect of the principal of the bond, its agents or employees; and such bond shall be held for the benefit and use of the city or any person injured or damaged by any act or neglect of the principal or his agents or employees, or by reason of failure to repair any defective work, device or installation, or failure to pay any and all fees or other charges due the city, or for failure to remedy any faults or defective workmanship or material without additional cost to the person for whom the work was done within the time prescribed by the electrical inspector for the completion of such remedial work, and guaranteeing compliance with the requirements of this article for all work installed by the principal, his agents or employees. (b) All bonds required by this section shall be for a period ending the next ensuing December 31. Suit upon such bond may be maintained by any person injured or damaged by reason of the principal's failure to perform his obligations under such bond. Suspension or revocation of the license of the principal shall not by itself affect the liability of either the principal or the surety on such bond. (c) Should the coverage of the bond required by this section be reduced by recovery or for any other reason, the surety on such bond shall immediately notify the electrical inspector, and the principal shall be suspended from all rights and privileges under this article until the full amount and coverage are restored. (d) Upon five days' written notice to the principal of the bond under this section and to the electrical inspector, the surety on such bond shall have the privilege of cancelling any such bond. Cancellation of such bond shall not cancel or reduce the surety's liability on any transaction begun before 12:00 noon on the effective date of cancellation.] Section 30. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to require the issuance of a license to a master electrician, journeyman electrician, master sign electrician, journeyman sign electrician, residential wireman, maintenance electrician, or apprentice electrician upon proof of the applicant's State of Texas electrician's license by amending Section 14-196 to read as follows: 20 "Sec. 14-196. Issuance. Upon the submission of satisfactory proof that an applicant [has successfully] is licensed by the State of Texas [completed the examination] as a master electrician, journeyman electrician, [or] master sign electrician, journeyman sign electrician, residential wireman, maintenance electrician, or apprentice electrician [as provided in Division 6 of this article], the electrical inspector, upon payment of such fees and upon fulfillment of such other requirements as are specified in this article, shall issue to each applicant the class of license which such person is qualified to receive under the provisions of this article." Section 31. The Code of Ordinances of the City of Friendswood, Texas is hereby amended apply the restrictions on work beyond the scope of the license issued by the City to residential wireman electricians by amending Section 14-197 as to read follows: "Sec. 14-197. Restrictions on work beyond scope of license. It shall be unlawful for the holder of any license issued under the provisions of this article to engage in any phase of the electrical business or perform any work in the electrical trade other than such business or work authorized by the class of license ar permit held by him. The master1 [or] journeyman, or when applicable, residential wireman electrician responsible shall be present, on the site, whenever [the use of unlicensed labor is being used to install] electrical materials, products or equipment are bein�installed." Section 32. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision relating to the suspension of licenses on the terms described therein by deleting therefrom Section 14-203 in its entirety as follows: [Sec. 14-203. Suspension of licenses. The city may suspend the license of any licensed contractor or electrician within the city for a period not to exceed one year after determining at a proper hearing as set out in this section that the licensee: (1) Has committed an offense for which he has not been convicted, but for which automatic suspension of such licensee, upon conviction, would follow under the provisions of section 14-204; 21 (2) Has permitted an unlawful or fraudulent use of such license; (3) Has committed an offense in another state, county or city, which if committed in this city would be grounds for suspension or revocation; (4) Is a habitual violator of this article; (5) Has performed electrical work that is in violation of this article or the NEC, and such work is found to be the cause or contributing cause of a fire, whether or not there is any actual damage or loss; (6) Has performed electrical work that is in violation of this article and then failed or refused to make corrections necessary for the work to conform to this article; (7) Is a habitual drunkard or narcotics addict; (8) Has defrauded any person for whom he has rendered or contracted to render service; or (9) Has failed to use approved materials.] Section 33. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision relating to the automatic suspension of licenses on the terms described therein by deleting therefrom Section 14-204 in its entirety as follows: [Sec. 14-204. Automatic suspension of license. (a) The license of any person shall be automatically suspended upon final conviction of any of the following offenses: (1) Taking out a permit in the name of a person authorized to do the electrical work and thereafter permitting a person not authorized by this article to do the electrical work; (2) Tampering with, diverting from or in any way interfering with the proper action or registration of an electrical meter, as that offense is defined in V.T.C.A., Penal Code § 31.04; (3) Employing as a master, journeyman or other electrician any person not then licensed as provided by this article to perform work in the city; 22 (4) Lending or knowingly permitting the use of any license for the doing of any electrical work to any person not entitled thereto under the provisions of this article; (5) Displaying or representing as one's own a license for the doing of any electrical work when such license has not been lawfully issued to the person so displaying such license; (6) Failing or refusing to surrender to the electrical inspector on demand any license which has been suspended, cancelled or revoked as provided by law; (7) Applying for or having in one's possession more than one current license of the same type provided for in this article; (8) Displaying or causing or permitting to be displayed or having in one's possession any instrument purporting to be any license for the doing of any electrical work, knowing such instrument to be fictitious or to have been cancelled, revoked, suspended or altered; (9) Using a false or fictitious name, or giving a false or fictitious address in any application for any license provided for in this article or any renewal or duplicate therefor, or knowingly making a false statement or knowingly concealing a material fact, or otherwise committing fraud in making such application; (10) Performing any character of electrical wark for which a license is required, without the license required by this article, or while such license is suspended, cancelled or revoked; (11) For the violation of section 14-122(a). (b) The suspension provided for in this section shall in the first instance be for a period of six months. If any license shall be suspended under the provisions of this article for the second time, such second suspension shall be for a period of one year. The suspension of any license shall be automatically extended upon the licensee's being convicted of performing electrical work while the license of such person is suspended, with such extended period of suspension being for a like period as the original suspension, and in addition to any other penalty as provided in this article.] Section 34. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision relating to the revocation of licenses 23 on the terms described therein by deleting therefrom Section 14-205 in its entirety as follows: [Sec. 14-205. Revocation of license. If, within any three-year period, the holder of any license issued under the terms of this article shall have been finally convicted three times or more for a violation of any of the provisions of this article, the city may revoke and cancel such license, and upon such revocation and cancellation, such license shall be and become null and void and cannot be renewed thereafter.] Section 35. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision relating to the surrender and return of licenses on the terms described therein by deleting therefrom Section 14-206 in its entirety as follows: [Sec. 14-206. Surrender and return of license. Any license which has been suspended or revoked shall be surrendered to and retained by the electrical inspector, except that at the end of the period of suspension of such license, the license so surrendered shall be returned to the licensee.] Section 36. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision relating to the appeals from the suspension or revocation of licenses on the terms described therein by deleting therefrom Section 14-207 in its entirety as follows: [Sec. 14-207. Appeals. Any person denied a license or whose license has been suspended or revoked by the city, except where such suspension or revocation is automatic under the provisions of section 14-204 of this article, or any person who is otherwise aggrieved by a decision of the city, may appeal to the city council, and the aggrieved shall have the right to file a petition within ten days thereafter for a hearing before the city. The city council shall set the matter for hearing upon 14 days' written notice to the aggrieved person, and thereupon take testimony and examine into the facts of the case, and determine whether the petitioner is entitled to a license or 24 is subject to suspension or revocation of his license under the provisions of this article.] Section 37. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove therefrom the provision adopting the Examination Plumbing Code and Study Guide, as published by the Texas State Board of Plumbing Examiners as described therein by deleting therefrom Section 14-231 in its entirety as follows: [Sec. 14-231. State ezamination code and study guide adopted. The Examination Plumbing Code and Study Guide, as published by the Texas State Board of Plumbing Examiners, a true and correct copy of which is on file with the city secretary, is hereby adopted and made a part of this article, including all appendices, save and except chapter 26 thereof which is hereby deleted in its entirety.] Section 38. City of Friendswood, Texas Ordinance No. 93-1, as amended, originally adopted on or about the 15t" day of February 1993, and City of Friendswood, Texas Ordinance No. 99-36, as amended, originally adopted on or about the 27th day of September 1999, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Plumbing Code in Section 14-232 thereof and adding thereto a reference to the 2003 version of the International Plumbing Code to read as follows: "Sec. 14-232. International Plumbing Code adopted. The International Plumbing Code, [2000] 2003 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[, save and except that, should any provision thereof be in conflict with the Examination Plumbing Code and Study Guide adopted in section 14-231, the Examination Plumbing Code and Study Guide shall prevail.]" Section 39. City of Friendswood, Texas Ordinance No. 93-1, as amended, originally adopted on or about the 15th day of February 1993, and City of Friendswood, Texas Ordinance No. 99-36, as amended, originally adopted on or about the 27th day of 25 September 1999, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Mechanical Code in Section 14-256 thereof and adding thereto a reference to the 2003 version of the International Mechanical Code to read as follows: "Sec. 14-256. International Mechanical Code adopted. The [2000] 2003 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." Section 40. City of Friendswood, Texas Ordinance No. 93-1, as amended, originally adopted on or about the 15t" day of February 1993, and City of Friendswood, Texas Ordinance No. 99-36, as amended, originally adopted on or about the 27th day of September 1999, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Fuel Gas Code in Section 14-281 thereof, adding thereto a reference to the 2003 version of the International Fuel Gas Code, and deleting the adoption of the appendices of the International Fuel Gas Code, by amending Section 14-281 to read as follows: "Sec. 14-281. International Fuel Gas Code adopted. The [2000] 2003 Edition of the International Fuel Gas Code, [including appendices 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." Section 41. City of Friendswood, Texas Ordinance No. 93-1, as amended, originally adopted on or about the 15th day of February 1993, and City of Friendswood, Texas Ordinance No. 99-36, as amended, originally adopted on or about the 27th day of September 1999, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Energy 26 Conservation Code in Section 14-290 thereof and adding thereto a reference to the 2003 version of the International Enery Conversation Code to read as follows: "Sec. 14-290. International Energy Conservation Code adopted. The [2000] 2003 Edition of the International Energy Conservation 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 part of this article." Section 42. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to remove the provisions contained therein requiring fences and require compliance with Appendix G of the 2003 International Residential Code for One-and- Two Family Dwellings by amending Section 14-331 to read as follows: "Sec. 14-331. [Fences required; specifications; ezception.] 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 [prevent small children from inadvertently wandering into the pool. The fence or other solid structure shall be not less than 3 1/2 feet in height and shall be constructed so as to not have voids, holes or openings larger than four inches in one dimension, except doors or gates when open, and shall not create a ladder effect that can be climbed from the outside. All such doors or gates opening directly into such enclosure shall be equipped with a self-closing and self-latching device to be attached to the upper quarter of such gate or door; provided, however, the door of any dwelling occupied by human beings and forming part of the enclosure required by this section need not be so equipped.] comply with the reQUirements of Appendix G of the 2003 International Residential Code for One-and-Two Family Dwellin�s. [(b)It shall be unlawful to possess or maintain any swimming pool in the city which is not fenced in accardance with the requirements of this section, except that any existing swimming pool located on five or more acres or any existing swimming pool located not less than 265 feet from any building designed or used for residential or commercial purposes other than a single-family residential dwelling located on the same tract as the swimming pool need not be so fenced.]" 27 Section 43. City of Friendswood, Texas Ordinance No. 93-1, as amended, originally adopted on or about the 15t" day of February 1993, and City of Friendswood, Texas Ordinance No. 99-36, as amended, originally adopted on or about the 27th day of September 1999, same being a portion of Chapter 14 of the Friendswood City Code, is hereby amended by deleting the reference to the 2000 version of the International Property Maintenance Code in Section 14-351 thereof and adding thereto a reference to the 2003 version of the International Property Maintenance Code to read as follows: "Sec. 14-351. International Property Maintenance Code. The [2000] 2003 Edition of the International Property Maintenance Code, , 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." Section 44. The Code of Ordinances of the City of Friendswood, Texas is hereby amended to change Appendix D to the Friendswood City Code, said appendix being the Schedule of Fees of the City to change the Code references regarding fees charged for electricians licenses as follows: (3) lectrician's license renewal fees: . aster electrician.......... 50.00 14-192 ourneyman electrician.......... 5.00 �14-193] 14-192 5.00 �. Apprentice Electrician......... 5.00 d. Residential Electrician......... e. Maintenance Electrician....... 5.00 50.00 f Master Sign Electrician........ 5.00 14-192 . Journe man Si n Electrician........ (4) Duplicate electrician's license.......... 1.00 28 � a µ � Section 45. Any person who shall violate any provision of this Ordinance, or any provision contained in any code adopted hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2000. Each day of violation of any such provision shall constitute a separate offense. Section 46. All ordinances or parts of ordinances inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. Section 47. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances 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 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 such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED AND APPROVED on first reading this 3rd day of January 2005 PASSED, APPROVED, AND ADOPTED on second and final reading this 17th day of Januarv 2005. CITY OF FRIENDSWOOD, TEXAS i � 1 , Kimball W. Brizendine Mayor ATTEST: . � e Deloris McKenzie, TR1�C City Secretary 29