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ORD 1988-14■FMAIlk I Z I TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 88-14 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING THE UNIFORM BUILDING CODE, 1985 EDITION AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; ADOPTING THE UNIFORM BUILDING CODE STANDARDS, 1985 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM FIRE CODE, 1985 EDITION, AS AMENDED HEREIN; ADOPTING THE UNIFORM FIRE CODE STANDARDS; ADOPTING THE UNIFORM MECHANICAL CODE, 1985 EDITION, AS AMENDED HEREIN; ADOPTING THE DWELLING CONSTRUCTION UNDER THE UNIFORM BUILDING CODE, 1985 EDITION; ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS STRUCTURES, 1985 EDITION; ADOPTING THE UNIFORM HOUSING CODE, 1985 EDITION; PROVIDING FOR ENFORCEMENT OF THE CODES AND REGULATIONS ADOPTED HEREIN; REPEALING TOWN ORDINANCES NO. 85-12, 85-14 AND 85--27; 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; DECLARING 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, housing and other structures, and minimum standards that govern fire safety, and minimum requirements relating to the installation of heating, cooling, ventilating and refrigeration systems in order to protect and promote the public health, safety and welfare. 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, 1985 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: 0 0 a g j A. Chapter 3 relating to Permits and Inspections is amended by amending sections 301, 304 and 305 and adding a new Section 308 to 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, 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 subsections (a), (b) and (e)(2) to read as follows: "Sec. 304. (a) General. Except as herein- after provided, fees shall be assessed in accordance with the Schedule of Fees for the Town as adopted by Town Ordinance No. , 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 offical. 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 0 0 a 4 ,j -2- fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the Schedule of Fees, Ordinance No. "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 whether or not a permit is then or subse- quently issued. The investigation fee shall be equal to the amount of the permit fee required by the schedule of fees for the Town of Trophy Club. The payment of such investi- gation 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 a 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 Safety. "Sec. 308. On all construction projects within the Town or within the Town's 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 specifications for trench safety systems that meet standards set by the federal Occupational Safety and Health Administration; and ❑084J -3- (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 provisions 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 occupan- cies is amended by amending Section 513 to as follows: 1. Section 513 relating to premises identification is amended to read as follows: "Sec. 513. Approved numbers or addresses shall be placed on all new and existing 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 than two hundred (200) feet from a public street, the address shall also appear at the front 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 ❑ 0 8 4 J -4- 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. "6. 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 materials are defined as any roofing material which meets ASTM E-108 Fire Test specifications for roofing and has been tested 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 in its entirety the Uniform Building Code Standards, 1985 Edition, and said Code is incorporated herein as if copied herein in its entirety. A copy of the Uniform Building Code Standards shall be kept in the office of the Town Secretary. 0 0 8 4] Section 3. That there is hereby readopted by the Town, for the purpose of prescribing regulations governing conditions hazardous to life and property, the Uniform Fire Code, 1985 Edition, and said Code hereby incorporated herein as if fully set out 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 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 applied for, or when it is claimed that the provisions 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 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. Section 4. That there is hereby adopted by the Town the Uniform Fire Code Standards, 1985 Edition, and said Code is incorporated herein as if fully set out herein in its entirety. A copy of the Uniform Fire Code Standards shall be kept in the office of the Town Secretary. Section 5. That there is hereby adopted by the Town the Uniform Mechanical Code, 1985 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 Uniform Mechanical Code, 1985 Edition 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. , as amended." 0 D & 4 J Section 6. That there is hereby adopted the Dwelling Construction under the Uniform Building Code, 1985 Edition, regulations, a copy of which shall be kept on file in the office of the Town Secretary, Section 7. That there is hereby adopted the Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition, a copy of which shall be kept on file in the office of the Town Secretary. Section 8. That there is hereby adopted the Uniform Housing Code, 1985 Edition, a copy of which shall be kept on file in the office of the Town Secretary. Provided, however, that nothing in the Uniform Housing Code shall be construed to repeal, alter or modify Town Ordinances Number 86-06 and 86-07 relating to multi -family and single-family residence licensing. Section 9. That the Town Building Official shall have the authority and power to enforce all provisions of the Uniform Building Code, 1985 Edition, the Uniform Building Code Standards, 1985 Edition, the Uniform Fire Code, 1985 Edition, the Uniform Fire Code Standards, 1985 Edition, the Uniform Mechanical Code, 1985 Edition, the Dwelling Construction under the Uniform Building Code, 1985 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition, and the Uniform Housing Code, 1985 Edition. Section 10. That the Town Council shall appoint five (5) members to the building board of appeals as authorized by Section 204 of the Uniform Building Code, 1985 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, 1985 Edition, each to be appointed by a majority of the Town 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 hereby designated as the building board of appeals and the fire board of appeals. Section 11. This Ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, affecting building, construction, housing 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 Town Ordinances number 85-11, 85-12, 85-14 and 85-27 are hereby repealed. Section 12. if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such 0 0 8 4, -7- holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed such remaining portions shall remain in full force and effect. Section 13. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 14. That this ordinance shall take effect from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 1.3 day of /, 1988. Ma or, Town of�T-ophy Club, Texas MMM" ecreta`r1t; 'Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town A torney, Town of Trophy Club, Texas 0 0 8 4 j