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HomeMy WebLinkAboutOrdinance No. 2019-44 (Title: An ordinance adopting the 2018 versions of the International Building Code, International Plumbing Code,International Mechanical Code,International Fuel Gas Code, International Energy Conservation Code and International Residential Code for One- and Two- Family Dwellings including appendices as noted, and adopting the 2017 version of the National Electrical Code, adopting local amendments, and clarifying the establishment of the Construction Board of Adjustment and Appeals.) ORDINANCE NO. 2019-44 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, CHAPTER 14,BUILDING AND BUILDING REGULATIONS BY ADOPTING THE 2018 INTERNATIONAL BUILDING CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS INCLUDING APPENDICES AS NOTED, AND ADOPTING THE 2017 VERSION OF THE NATIONAL ELECTRICAL CODE, ADOPTING LOCAL AMENDMENTS, AND CLARIFYING THE ESTABLISHMENT OF THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City Council of the City of Friendswood, Texas (the "City") deems it necessary and appropriate for the health, safety and welfare of its citizens to approve certain amendments to the City's Code of Ordinance to update the City's various building codes and adopt local amendments; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Brackets and strikethroughs indicate words being deleted, as follows: [deleted]; Bold and underline indicate words being added, as follows: added. Section 3. Article I of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "IN GENERAL" is hereby amended to relocate language regarding the Construction Board of Adjustment and Appeals as set forth below. ARTICLE I.—IN GENERAL .. • Section 14-3.—Construction Board of Adjustment and Appeals (a) The Construction Board of Adjustments and Appeals shall have the power to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. Membership of the board should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors, building industry representatives, and licensed electrical contractors. Alternate members, if appointed, should consist of a member at-large from the building industry and one member at-large from the public. (b) The Construction Board of Adjustment and Appeals shall consist of seven members appointed by City Council. 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 he has a personal or financial interest. (c) Such appeals shall be perfected by a request in writing to the building official [c airperso oft a bo I for a hearing, in which the following information shall be contained: (1) Name, address and primary e-mail 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 building official or inspector. (4) Reasons why such ruling should be set aside, or if a ruling was refused,why such ruling should be made. (d) Limitations on authority: An application for appeal shall be based on a claim that the true intent of the applicable code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. The board shall not have the authority to waive requirements of any code. (e) The building official shall take immediate action in accordance with the decision of the Board. Ord No.2019-44 2 (f) During the pendency of any appeal tote Construction o rd of d.just e t and Appeals, the ruling of the building official shall be in full force and effect. Section 4. Article II of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "BUILDING CODE," which adopted the International Building Code 2012 Edition, together with certain amendments thereto, is hereby amended as set forth below. ARTICLE II. - BUILDING CODE Sec. 14-23. - International Building Code adopted. The International Building Code, [2012] 2018 Edition including Appendices C - Group U Agricultural Buildings; G - Flood-resistant Construction; and I -Patio Covers, as published by the International Code Council, Inc., is hereby adopted by reference and made a part of this article. A copy of such code is on file with the city secretary. Sec. 14-24. -Amendments to International Building Code. The [2012] 2018 Edition of the International Building Code, as adopted in section 14-23, 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." Section 109.2. Section 109.2 is hereby amended to add the following sentence: The fee schedule shall be set by resolution and printed in Appendix D to the Code of Ordinances. Section [110.1] 111.1. Section [110.1] 111.1 is hereby amended by adding a new last sentence to read as follows: [110.1] 111.1. 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 [112.1.] 113. Board of Appeals. The following section [112.1] 113 is hereby adopted to read as follows: [112.1.] 113. Board of Appeals [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 Ord No.2019-44 3 member shall not act in a case in which he has a personal or financial interest.] Any person aggrieved by a decision or ruling of the building official or inspector shall have the right of appeal to the Construction Board of Adjustment and Appeals as established in Article I, Section 14-3. [ • • • • • • • 101.2. 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 R3 01 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 1507.8. Section 1507.8 is hereby amended to add a paragraph to read as follows: 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 2904. Section 2901 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 5. Article III of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled"ELECTRICAL CODE,"which adopted the National Electric Code, 2011 Edition,together with certain amendments thereto, is hereby amended as set forth below. ARTICLE III. - ELECTRICAL CODE DIVISION 1. —GENERALLY ••• Sec. 14-62. -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 [2011] 2017 Edition of the National Electrical Code,which is hereby adopted, and Ord No.2019-44 4 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. [(c) Local rules. (1) Service laterals. Any 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 tap box, and shall be buried at a minimum depth of two feet.] .. • DIVISION 2. -APPEALS Sec. 14-93. -Appeal of decisions by the building official or [electrical] inspector. (a)-Any person aggrieved by a decision or ruling of the building official or 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 writin• g to the chairperson of the board • (1) Name, address and primary e mail 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. ... Section 6. Article IV of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "PLUMBING CODE," which adopted the International Plumbing Code, 2012 Edition, together with certain amendments thereto, is hereby amended as set forth below. ARTICLE IV. -PLUMBING CODE Sec. 14-252. - International Plumbing Code adopted. Ord No.2019-44 5 The International Plumbing Code, [241-2] 2018 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 [204-2] 2018 Edition of the International Plumbing Code, as adopted in section 14-252, 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 Plumbing Code of the City of Friendswood, Texas, hereinafter sometimes referred to as "this code." 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 set by resolution and printed in Appendix D to the Code of Ordinances. 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. Means of Appeal is hereby amended to read as follows: 109. Means of Appeal. 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, regal less „f«h ether s„c member has been appointed for a definite or an indefinite term. Any person aggrieved by a decision or ruling of the building official or inspector shall have the right of appeal to the Construction Board of Adjustment and Appeals as established in Article I, Section 14-3. Section 305.4.1. Section 305.4.1 is hereby amended to read as follows: 305.4.1. 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] 608.17.5 Section [608.16.5] 608.17.5 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 state professional engineer, a Ord No.2019-44 6 licensed irrigation installer, or a licensed landscape architect. The latter three professionals shall seal, sign and date 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., Occupations Code § 1903.251. D. The owner of the property on which an irrigation system is to be installed may install all of 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 of this section. 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 of this section. F. The city shall have no obligation to maintain or protect, or to repair or replace, allor any part of an irrigation system, existing or future, that is located within a public right-of-way or 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. r_. Section 7. Article V of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "MECHANICAL CODE," which adopted the International Mechanical Code, 2012 Edition, together with certain amendments thereto, is hereby amended as set forth below. Ord No.2019-44 7 ARTICLE V. - MECHANICAL CODE Sec. 14-274. - International Mechanical Code adopted. The [2012] 2018 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 [2012] 2018 Edition of the International Mechanical Code, as adopted in section 14- 274, 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." 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 set by resolution and printed in Appendix D to the Code of Ordinances. 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. Means of Appeal is hereby amended to read as follows: 109. Means of Appea1.109.2 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 an• y time, with or without • indefinite term. Any person aggrieved by a decision or ruling of the building official or inspector shall have the right of appeal to the Construction Board of Adjustment and Appeals as established in Article I, Section 14-3. Section 8. Article VI of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "FUEL GAS CODE," which adopted the International Fuel Gas Code, 2012 Edition, together with certain amendments thereto, is hereby amended as set forth below. Ord No.2019-44 8 ARTICLE VI. - FUEL GAS CODE Sec. 14-299. - International Fuel Gas Code adopted. The [2012] 2018 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 [2-042] 2018 Edition of the International Fuel Gas Code, as adopted in section 14-299, 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 Fuel Gas Code of the City of Friendswood, Texas,hereinafter sometimes referred to as "this code." 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 set by resolution and printed in Appendix D to the Code of Ordinances. 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. Means of Appeal is hereby amended to read as follows: 109. Means of Appeal.-1-0-9.2 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 eause-Tregardless of whether such member has been appointed for a definite or an indefinite term. Any person aggrieved by a decision or ruling of the building official or inspector shall have the right of appeal to the Construction Board of Adjustment and Appeals as established in Article I, Section 14-3. Section 9. Article IX of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "MISCELLANEOUS CODES," which adopted the International Energy Conservation Code, 2012 Edition, and International Residential Code for One- and Two- Family Dwellings,2012 Edition,together with certain amendments thereto, is hereby amended as set forth below. Ord No.2019-44 9 ARTICLE IX. — [MISCELLANEOUS] ENERGY CODE[S] Sec. 14-388. - International Energy Conservation Code adopted. The [2012] 2018 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 a part of this article. Section C101.1. Section C101.1 is hereby amended to read as follows: C101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Friendswood, Texas, hereinafter sometimes referred to as "this code." [Sec. 14 389. International Residential Code for One and Two Family Dwellings adopted. (a) The International Residential Code for One and Two Family Dwellings, 2012 Edition, including all appendices, as• published b• y the International Code Council• , Inc., an authentic copy •(b) The 2012 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: branch circuits shall be No. 12 copper. 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 conductors shall be as specified in chapter 43. Section E3 601.6.2, Service disconnect location, of the International Residential Code is hereby deleted and replaced with the following: 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 10. Article X of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, entitled "RESIDENTIAL CODE," adopting the International Residential Code For One- and Two-Family Dwellings, including the following appendices: A-Sizing and Capacities of Gas Piping; B-Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents; C-Exit Terminals of Mechanical Draft and Direct-vent Venting Systems; D-Recommended Procedure for Safety Ord No.2019-44 10 Inspection of an Existing Appliance Installation; G-Piping Standards for Various Applications;H- Patio Covers; J-Existing Buildings and Structures; N-Venting Methods; and P-Sizing of Water Piping System, is hereby created as set forth below. ARTICLE X. —RESIDENTIAL CODE Sec. 14-389. -International Residential Code for One- and Two-Family Dwellings adopted. (a) The International Residential Code for One-and Two-Family Dwellings,2018 Edition, including the following appendices: A-Sizing and Capacities of Gas Piping; B-Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods,Category I Appliances and Appliances Listed for Use with Type B Vents; C-Exit Terminals of Mechanical Draft and Direct-vent Venting Systems; D-Recommended Procedure for Safety Inspection of an Existing Appliance Installation; G-Piping Standards for Various Applications; H- Patio Covers; J-Existing Buildings and Structures; N-Venting Methods; and P-Sizing of Water Piping System,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 2018 Edition of the International Residential Code for One- and Two-Family Dwellings is hereby amended as follows: Section R101.1. Section R101.1 is hereby amended to read as follows: R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Friendswood, Texas,hereinafter sometimes referred to as "this code." Section R112. Board of Appeals is hereby amended to read as follows: Any person aggrieved by a decision or ruling of the building official or inspector shall have the right of appeal to the Construction Board of Adjustment and Appeals as established in Article I, Section 14-3. Section 401.2. The following section 401.2 is hereby added 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 2904. Section 2904 is hereby amended to read as follows: Ord No.2019-44 11 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 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 11. 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. Section 12. This ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED on first reading this 4th day of November,2019. PASSED, APPROVED, and ADOPTED on second and final reading this 2nd day of December,2019. ike -a reman } May.r ATTEST: Rf...... ve)•® (.51 _I (. 0 It, A\-- N4 CI **.-0°. Melinda Welsh, TRMC CitySecretary , a Ord No.2019-44 12