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ORD 1992-04IM 08/20/2001 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92- 04 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; ADOPTING THE UNIFORM FIRE CODE, 1991 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM MECHANICAL CODE, 1991 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION, AS AMENDED HEREIN; AMENDING ORDINANCE NO. 88-15 OF THE TOWN RELATING TO THE NATIONAL ELECTRICAL CODE BY ADOPTING THE NATIONAL ELECTRICAL CODE, 1990 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds that it is necessary to establish uniform and minimum standards for: the construction, erection and maintenance of buildings and other structures; fire safety; the installation of heating, cooling, ventilating and refrigeration systems; and plumbing, in order to protect and promote the public health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That there is hereby adopted by the Town of Trophy Club, Texas (the "Town") the Uniform Building Code, 1991 Edition, and all appendices thereto (together, the "U.B.C."), as hereinafter amended, and the said U.B.C. is incorporated herein as if copied herein in its entirety. A copy of the U.B.C. shall be kept on file in the office of the Town Secretary. The following amendments shall be made to and become a part of the said Uniform Building Code: A. Chapter 3 relating to Permits and Inspections is amended by amending Sections 301, 304 and 305 and adding a new Section 308 which Sections shall read as follows: 1. Section 301 relating to permits is amended by amending subsection (a) to read as follows: "Sec. 301. (a) Permits Required. Except as specified in subsection (b) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, -1- converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. No permit herein required or provided for shall be issued until all ad valorem and other property taxes, assessments, charges or other pecuniary obligations due the Town of Trophy Club shall have been paid and made current, including all penalties, interest and other charges due with respect to the same." 2. Section 304 of the U.B.C. relating to fees is amended by amending subsection (a), (b) and (e)(2) to read as follows: "Sec. 304. (a) General. Except as hereinafter provided, fees shall be assessed in accordance with the Schedule of Fees for the Town as adopted by Town Ordinance No. g0_ — 10 , as amended. "(b) Permit Fees. The fee for each permit shall be as set forth in the Schedule of Fees for the Town, Ordinance No. , as amended. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. "(c) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specification for review. Said plan review fee shall be as set forth in the Schedule of Fees of the Town, Ordinance No. 90-10 . - "Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as set forth in the Schedule of Fees. "(e)(2) Fee. An investigation fee, in addition to the permit fee, shall be collected -2- whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by the schedule of fees for the Ton of Trophy Club. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. "Work shall be considered started when excavation for a foundation is initiated." Table 3.A as set forth on page 16 of the U.B.C. shall be deleted in its entirety, and all references in the U.B.C. to Table 3.A. shall be considered and deemed to be in reference to the fee schedule adopted by the Town of Trophy Club. 3. Section 304 of the U.B.C. relating to fees is further amended by deleting in their entirety subsections 304(f)(2) and 304 (f) (3) . 4. A new Section 308 relating to trench excavation shall be and is hereby added to read as follows: "Trench Safet "Sec. 308. On all construction projects within the Town or within the Towns extraterritorial jurisdiction, if trench excavation is required which will exceed a depth of five (5) feet, the bid documents and the contract shall include: "(a) detailed plans and specification for trench safety systems that meet standard set by the federal occupational Safety and Health Administration; and "(b) a pay item for such safety standards. Provided, however, that the requirement set forth in this section shall not apply to either a contract entered into by a person subject to the safety standards adopted under article 6053-1 or the administrative penalty provision of article 6053-2, Texas Revised Civil Statutes." B. Chapter 5 relating to classifications of buildings by use or occupancy and general requirements for all occupancies is amended by amending Section 513 to read as follows: "Sec. 513. Approved numbers or addresses shall be place on all new and existing -3- buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. 1. Residential occupancies shall have numbers a minimum of four ( 4 ) inches in height. 2. Multi -family, townhomes, condominiums and commercial occupancies shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the authority having jurisdiction, the street and/or building numbers may be required to be of a larger size for immediate and visible identification. 3. If the structure is more that two hundred (200) feet from a public street, the address shall also appear at the from or main entry to the property. 4. When deemed necessary by the authority having jurisdiction, the street or building numbers may be required on more than one side of the structure or property. 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the authority having jurisdiction. Exception: Neighborhood residential districts containing single family detached and single family attached (duplex) dwellings." C. Chapter 32 relating to roof construction and covering is amended by amending Section 3203 relating to roof coverings by adding a new subsection (c)(6) to read as follows: "Sec. 3203. (c) Roofing Materials. 116. A minimum of fire retardant Class C roof coverings is required on all multi -family and townhouse units regardless of the size and height of the units. Fire retardant Class C roofing material are defined as any roofing materials which meet ASTM E-108 Fire Test specification for roofing and has been tested -4- and approved by a nationally recognized testing laboratory. "In those cases where it proves necessary to replace all or part of an ordinary wood shingle roof, and the Class C roofing does not meet the exposure length of the existing roof, Class C composition shingles may be overlaid on the wood shingles." D. Chapter 33 relating to exits is amended by amending section 3315 relating to aisles by adding a new subsection (i) to read as follows: "(i) Every service aisle, not defined or required as an exit -way in a commercial retail establishment shall have a clear aisle width of at least four (4) feet, and shall be maintained to at least this width free of obstruction." Section 2. That there is hereby adopted by the Town for the purpose of prescribing regulations governing conditions hazardous to life and property, the Uniform Fire Code, 1991 Edition, and said Code is hereby incorporated herein as if fully set herein in its entirety. A copy of the Uniform Fire Code shall be kept in the office of the Town Secretary. A. The Uniform Fire Code shall be enforced by the Town Building Official and Town Volunteer Fire Department by and through the Fire Chief. B. Whenever the word "jurisdiction" is used in the Uniform Fire Code, the same shall be deemed to refer to the Town of Trophy Club, Texas. C. Whenever the phrase "Fire Department" is used in the Uniform Fire Code, the same shall be deemed to refer to the Town Volunteer Fire Department. D. Whenever the person authorized to enforce the Uniform Fire Code disapproves an application or refuses to grant a permit applies for, or when it is claimed that the provision of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of such person to the Board of Appeals within 30 days from the date of the decisions appealed from Such appeal shall be made in writing and filed with the Town Secretary, setting forth the decision appealed from. Such appeal shall be made in writing and filed with the Town Secretary , setting forth the decision appealed from and a statement as to why the appeal is being made. -5- Section 3. That there is hereby adopted by the Town the Uniform Mechanical Code, 1991 Edition, as hereinafter amended, which Code is incorporated herein as if set out herein in its entirety. A copy of the Uniform Mechanical Code shall be kept in the office of the Town Secretary. The following amendments shall be made to and become a part of the said Uniform Mechanical Code: A. Section 304 of the said Uniform Mechanical Code relating to fees is amended by amending subsection (a) to read as follows: "(a) The fee for each mechanical permit shall be as set forth in the Schedule of Fees for the Town of Trophy Club as adopted by Ordinance No. 90-1 of the Town, as amended." section 4. That there is hereby adopted by the Town the Uniform Plumbing Code, 1991 Edition, which Code is incorporated herein as if set out herein in its entirety. A copy of the said Uniform Plumbing Code shall be kept in the office of the Town Secretary. Section 5. That there is hereby adopted by the Town the Uniform Administrative Code, 1991 Edition, which Code is incorporated herein as if set out herein in its entirety. A copy of the said Uniform Administrative Code shall be kept in the office of the Town Secretary. Section 6. That Ordinance No. 88-15 of the Town relating to regulations concerning the installation or repair of electrical wiring or other electrical equipment is hereby amended in the following particulars, and that all other paragraphs, sentences, phrases and words of the said Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That Section 2 of the said Ordinance is hereby amended so that it shall hereafter read as follows: "Section 2. Adoption of Code. That there is hereby adopted the National Electrical Code, 1990 Edition, as the standard for electrical wiring and installation for the Town, and such Code is incorporated herein as if copied herein in its entirety. A copy of such Code shall be kept on file in the office of the Town Secretary." Section 7. That the Town Building Official shall have the authority and power to enforce all provisions of the Uniform Building Code, 1991 Edition (including all appendices thereto), the Uniform Fire Code, 1991 Edition, the Uniform Mechanical code, 1991 Edition, and the Uniform Plumbing Code, 1991 Edition. Section 8. That the Town Council shall appoint five members to the building board of appeals as authorized by Section 204 of the Uniform Building Code, 1991 Edition, each to be appointed by a majority of the Town Council for a term of two (2) years; and shall appoint five (5) members to the fire board of appeals as authorized by Section 2.302 of the Uniform Fire Code, 1991 Edition, each to be appointed by a majority of the Ton Council for a term of two (2) years. For purposes of this Ordinance, the U.B.C. and the Uniform Fire Code, the Zoning Board of Adjustment of the Town shall be and is designated as the said building board of appeals and the said fire board of appeals. Section 9. That this Ordinance shall be cumulative of all other ordinances of the Town affecting building, construction and related activities and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Sections 1, 3, and 5 of Ordinance No. 88-14 are hereby repealed in their entirety, but provided that any action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen, whether known or unknown, under or pursuant to Sections 1, 3, or 5 of Ordinance No. 88-14 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 88- 14 shall be deemed to remain and continue in full force and effect. Section 10. That it shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 11. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1 th day of February , 1992. ay r, Town of T phy Club, Texas -7- ATTEST: Town Secretary, Town of Tr phy Club, Texas [SEAL] APPROVED AS TO FORM: c Town Attorney, Town of Trophy Club, Texas cm