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OR 93-625 Reprinting of original Code of Ordinances chapters 1-17 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 93625 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE REPRINTING OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS; PROVIDING THAT SUCH REPRINTING SHALL BE KNOWN AS THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, 1993 EDITION; AMENDING THE PENALTY PROVISION OF THE GENERAL PROVISIONS OF THE CODE OF ORDINANCES TO PROVIDE FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Coppell has authority under and by virtue of the laws of the State of Texas to codify and adopt its ordinances together with appropriate penalties for violation thereof, which said Code when adopted shall have the force and effect of an ordinance regularly enacted with the usual prerequisites of law; and WHEREAS, the Code of Ordinances of the City of Coppell, Texas, as originally published in 1982, consisted of one loose-leaf volume and constituted the first codification of the general ordinances of the City of Coppell, Texas; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, originally printed in 1982, be reprinted in one or more volumes containing the original Chapters 1 through 17 and an additional Chapter 18, including an expanded Index and Table of Contents and revised by adding ordinances adopted subsequent to the original printing through September 28, 1993. The new volume or volumes shall be known as the Code of Ordinances of the City of Coppell, Texas, 1993 Edition. Pages of the 1993 Edition reflecting revisions resulting from ordinances adopted after September 28, 1993, shall be marked "Revised" together with the subsequent date of such revision. SECTION 2. This ordinance shall not have the effect of repealing any provision of Ordinance No. 256, except that Section 6 of said ordinance and the penalty provision of the general provision of the Code of Ordinances of the City of Coppell, Texas are each hereby amended to read as follows: "Whenever in the Code of Ordinances of the City of Coppell, Texas, or in any ordinance of the City, or in any rule or regulation promulgated pursuant thereto, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of the Code or ordinance, rule or regulation by any person, firm or corporation shall be deemed a misdemeanor and, upon conviction, such persons, firm or corporation shall be punished by a penalty of not to exceed the sum of five hundred dollars ($500.00) For each offense; except however, where a different penalty has been established by state law for such offense the penalty shall be that fixed by state law, and for any offense which is a violation of any provision of law that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of two thousand dollars ($2000.00) For each offense and each and every day such offense is continued shall constitute a new and separate offense." DULY PASSED by the City Council of the City of Coppell, Texas, this the APPROVED: MAYOR ATTEST: ciTY APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT 'T' of ORDINANCE NO. 93625 SPECIFIC AMENDMENTS TO UNIFORM BUILDING CODE The following sections of the Uniform Building Code adopted as Exhibit "A" by the foregoing ordinance are hereby amended as follows: 1. Section 301 (a) to read as follows: "Section 301 (a) Permit Required. 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. All materials governed by this code shall be installed according to manufacturers recommendations and specifications and installed in a neat and workman like manner." 2. Section 301 (b). Deleted. 3. Section 305 (d) to read as follows: "Section 305 (d) Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or his agent wherein the same fails to comply with this code. Any portions which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval on all buildings and structures when completed and ready for occupancy or use. No structure may be occupied by persons or possessions before a final acceptance has been given on the occupancy." EXHIBIT "1" - Page 1 4. Sec. 305 (e) to read as follows: "Sec. 305 (e) Final Inspection. To be made after finish grading and the building is completed and ready for occupancy. No structure may be occupied by any person or possession before a final acceptance has been given on the occupancy." 5. Sec. 305 (f) to read as follows: "Sec. 305 (f) Reinspection. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when co~Tections called for are not made. This subjection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection lees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to post an address on the job site; for failure to have the required trash receptacle on the job site or failure to maintain trash that can be scattered or blown by the wind within that receptacle, or for deviating from the plans requiring the approval of the building official. To obtain a reinspection. the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection lee in accordance with Table No. 3-A. In instances where reinspection t~es have been assessed, no additional inspection of the work will be performed until the required lees have been paid." 6. Table 3-A Building Permit Fees (Page 20). Deleted. See Chapter 18 of the Coppell Code of Ordinances for fees. EXHIBIT "1" - Page 2 7. Sec. 402 definition of "amusement building" amended to read as follows: "Amusement Building is a building or portion thereof used for entertainment or educational purposes and which contains a system that transports passengers or provides a walk-way through a course so arranged that the required exits are not apparent due to theatrical distractions. are disguised or not readily available due to the method of transportation through the building or structure; a Portable Amusement Structure is an amusement building designed and constructed to be portable. to be erected and used on a short-term basis at each location; a Temporary Amusement Building is an amusement building for that purpose for a period of six weeks or less in any given 12-month period. a Permanent Amusement Building is any amusement building not otherwise classified as portable or temporary." 8. Sec. 502 to read as follows: "Sec. 502. No change shall be made in the character of occupancies, use of any building or tenant unless such building is made to comply with the requirements of this code fi~r such division or group of occupancy. Exception: The character of the occupancy of existing buildings may be changed subject to the approval for the building official, and the building may be occupied for purposes in other groups without conti~rming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. No change in the character of occupancy of a building or tenant shall be made without a certificate of occupancy, as required by Section 308 of this code. The building official may issue a Certificate of Occupancy pursuant to the above exception without certifying that the building complies with all provisions of this code." EXHIBIT "1" - Page 3 9. Sec. 610 (a) to read as follows: "Sec. 610 (a) General. As approved smoke-detection system installed in accordance with the Fire Code shall be provided in amusement buildings. Exceptions: 1. In areas where ambient conditions will cause a smoke detector to alarm,an approved alternate type of automatic detector shall be installed. 2. A temporary use may have single station hardwired detectors with a coverage as recommended by the manufacturer, but not to exceed 900 square feet. (b) Activation of any single smoke detector, the automatic sprinkler system or other automatic fire-detection device shall immediately sound an alarm in the building and at a constantly supervised location from which the manual operation of systems noted in Sec. 610 (c), Items 1, 2, and 3, may be initiated. (c) System Response. The activation of two or more smoke detectors, a single smoke detector monitored by an alarm verification zone, the automatic sprinkler system or other approved automatic fire-detection device shall automatically: (1) Stop confusing sounds and visual effect, and (2) Activate an approved directional exit marking, and (3) Cause illumination of the exit path with light of not less than one foot candle at the walking surface. (d) Public Address System. A public address system which is audible throughout the amusement building shall be provided in all portable and permanent amusement buildings. The public address system may also serve as an alarm system." EXHIBIT "1" - Page 4 10. Sec. 802 (c), Exception number 2. Delete. 11. Sec. 2517 (g) 5. Headers to read as follows: "Headers and lintels shall conform to the require~nents set forth in table 25-W, attached hereto as EXHIBIT "C," and together with their supporting systems shall be designed to suppoa the loads specified by this code. All openings 4 feet wide or less in bearing walls shall be provided with headers consisting of either two pieces of 2-inch l~aming lumber placed on edge and securely fastened together or 4-inch lumber of equivalent cross section. All openings more than 4 feet wide shall be provided with headers or lintels. Each end of a lintel or header shall have a length of bearing not less than I & 1/2 inches fi>r the full length of the lintel." 12. Sec. 3802 (a) Where Required to read as filllows: "An automatic fire-extinguishing system shall be installed in the occupancies and locations set forth in this section. Regardless of the occupancy, any building exceeding 10,000 square t~et shall be equipped with an approved automatic fire extinguishing system." 13. Sec. 3802 (c) 6. Amusement Buildings to read as follows:. "An automatic sprinkler system shall be installed in all permanent and portable amusement buildings. The main water-flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is portable, the sprinkler water- supply system shall be of an approved temporary type. Exception: An automatic sprinkler system need not be provided when the floor area of a portable amusement building is less than 1 ,(}00 square feet and the exit travel distance from any point is less than 50 feet." 14. Sec. 4701 (b). Deleted EXHIBIT "1" - Page 5 15. APPENDIX Chapter 12, Division III (1991 Uniform Building Code) adopted by the foregoing ordinance is hereby amended to read as follows: "Division III BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS GENERAL Sec. 1241. The provisions of these sections (1241 through 1243) apply to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies and Group R, Division I Occupancies. DEFINITIONS Sec. 1242. For the purpose of said sections, certain terms, words and phrases are defined as follows: Aboveground/On-ground Pool See definition of swimming pool. Barrier is a t~nce, wall. building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Grade is the underlying surface such as earth or a walking surface. Hot Tub See definition of swimming pool. In-ground Pool See definition of swimming pool. Spa, Non-portable See definition of swimming pool. Spa, Portable is a nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired). Swimming Pool is any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes inground, aboveground and EXHIBIT "1" - Page 6 on-ground swimming pools, hot tubs, and spas. Swimming Pool, Indoor is a swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor is any swimming pool which is not an indoor pool. SWIMMING POOL FENCE OR ENCLOSURE REQUIRED Sec. 1243 Outdoor Swimming Pool, Every person in possession of land within the Corporate Limits of the City, either as owner, purchaser under contract, lessee, tenant, or licensee, upon which is situated an outdoor swimming pool, including an in-ground, aboveground or inground pool, hot tub or spa 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 as follows: 1. The top of the barrier shall be at least 6(} inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool. the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. No permanent structures, boxes or other items shall be located adjacent to the barrier where the top of the box structure or other items is within a 48 inch radius of the top of the barrier. 3. Openings in the barrier shall not allow passage of a 4-inch diameter sphere. 4. Solid barriers which do not have openings, such as masonry, or stone walls, shall not con 'tain indentations or protrusions except for tooled masonry joints. 5. Maximum gauge for chain link fence shall be not less than 9 gauge. EXHIBIT "1" - Page 7 6. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening IX~rmed by the diagonal members shall be no more than 4 inches. DOORS AND GATES Sec. 1244 Access gates shall comply with the requirements of Items I through 6 above and shall be equipped with one or more of the following types of doors or gates and none other: 1. A gate or door used l\~r general ingress or egress to and from the enclosed area which is not a door of an occupied dwelling, when dwelling structure forms a part of the enclosure required by this Article. Such gate or door shall be equipped with and shall be maintained with self-closing and self-latching devices designed to keep and capable of keeping such door or gate securely closed and latched at all times when not in actual use, and such latching device to be attached no lower than fifty-four inches (54") from the grade level measured at the outside of the gate or door. 2. A gate or door used Ik~r general ingress or egress to and from the enclosed area, which is a part of an occupied dwelling which said occupied dwelling forms a part of the enclosure required by this ordinance. Such gate or door need not be equipped with self-closing or self-latching devices. 3. A gate or door, over three (3) feet in width, or not used for general ingress or egress to and from the enclosed area. Such gate or door need not be equipped with self closing or self-latching devices, provided it is equipped with and maintained with some type of permanent locking device. Provided, however. it shall be unlawful and a violation of this Article for any said person to permit such a gate or door to remain open or unlocked while unattended. 4. Drive gates shall not be considered as meeting the requirements of this Section and shall not be allowed as part of the required barrier TEMPORARY FENCE Sec. 1245 A temporary fence of at least three (3) feet in height must completely surround a swimming pool while it is under construction and not attended. EXHIBIT "1" - Page 8 FAILURE TO MAINTAIN ENCLOSURE UNLAWFUL Sec. 1246 It shall be unlawful to maintain any swimming pool within the Corporate Limits of the City which is not fenced in accordance with the requirements of this Article. FAILURE TO SECURE FINAL INSPECTION UNLAWFUL Sec. 1247 All pools constructed within the corporate limits of this city must pass final inspection by the building inspection depaament within 30 calendar days of approval of deck steel inspection. Failure to pass final inspection within this time flame shall be unlawful and will be grounds for suspension of additional permit issuance for further pool construction." EXHIB1T "1" - Page 9