OR 93-620 Code Advisory and Appeals Board AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 93620
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REPEALING CITY OF
COPPELL ORDINANCE NO. 89-440; SHIFTING THE CODE ARTICLE INVOLVING THE
CODE ADVISORY AND APPEALS BOARD FROM CHAPTER 15 TO CHAPTER 2 IN THE
CODE OF ORDINANCES; PROVIDING THAT A NEW SECTION BE ADDED TO EACH
ARTICLE IN CHAPTER 15 DEALING WITH THE ADOPTION OF COPPELL'S BUILDING
CODE, MECHANICAL CODE, ELECTRICAL CODE, PLUMBING CODE AND FIRE CODE
TO PROVIDE REFERENCE TO THE CODE ADVISORY AND APPEALS BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. AMENDING CODE ARTICLE CREATING
CODE ADVISORY AND APPEALS BOARD
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter 2 a new
.Article 2-8, thereby transferring the provisions that heretofore created the Code Advisory and
Appeals Board, from Chapter 15 to Chapter 2 of the code. Said new Article 2-8 to read as
follows:
"ARTICLE 2-8 CODE ADVISORY AND APPEALS BOARD
Sec. 2-8-1 CREATION OF BOARD
A. There is hereby created a board to be known as the Code Advisory and
Appeals Board, consisting of seven members as follows:
(1) Interested citizen
(2) Master electrician or electrical contractor
(3) Master plumber or plumbing contractor
(4) Licensed mechanical (HVAC) contractor
(5) Home builder
(6) General contractor
(7) Licensed architect or engineer
AGG03E86
B. The following will serve as non-voting ex-officio members:
( l ) Fire Marshal
(2) Representative from T.U. Electric
(3) Representative from Texas-New Mexico Power
(4) Representative from Lone Star Gas
Sec. 2-8-2 SCOPE AND AUTHORITY OF THE BOARD.
A. The board shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretation of building. electrical, plumbing and mechanical codes, and
shall receive and file applications for electrical licenses and notify
applicants of the time and place of electrical examinations and the results
thereof. The board shall also hear and decide appeals of orders, decisions
or determinations made by the fire marshal relative to the application and
interpretation of the fire code. Appeals shall be taken within fifteen
calendar days time after the decision has been rendered by the city official,
by filing with that officer and the board a notice of appeal specifying the
grounds thereof accompanied by the required filing fee. A person
aggrieved by a decision of a board may present to a district court of Dallas
County a petition, duly verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of illegality. Such petition
shall be presented to the court within thirty days after the filing of the
decision in the office of the board, The suit shall be filed against the
board as defendant and service of process may be made upon the board by
serving the city secretary.
B. The board shall advise the City Council on items regarding the City's
building, plumbing, electrical, mechanical and fire codes.
C. Any reference to an appeals board as the term is used in the Building
Code, Electrical Code, Mechanical Code, Plumbing Code or Fire Code,
shall mean the Code Advisory and Appeals Board as herein created.
Sec. 2-8-3 APPOINTMENT.
Members of the board shall be appointed by the city council as qualified by City
Charter. The chairman and vice-chairman will be selected by the members of the
board each October.
Sec. 2-8-4 TERMS OF MEMBERS.
Each member of the Code Advisory and Appeals Board shall serve for two (2)
years, except for three (3) of the initial members appointed whose terms shall be
for one year and whose replacements shall be for two (2) years.
Sec. 2-8-5 MEETINGS.
The Board shall hold meetings as shall be called by the Chairman, or upon written
request of at least one ( 1 ) member of the Board or at the request of the City
Council.
A. Quorum. Four members constitute a quorum. A concurring vote of four
members of the board shall be necessary to render a decision in favor of
an appellant.
B. Secretary. The building official or his authorized representative shall
serve as the secretary of the board, but shall not be a member thereof.
The secretary shall keep a record of the activities and actions of the board
and its determinations, receive and file applications, notify the applicants
of date and time of hearing and perform such other duties as are consistent
with or may be necessary for the enforcement of this chapter, as required
by the board."
Sec. 2-8-6 FEES FOR APPEALS.
Before any appeal can be considered by the Code Advisory and Appeals Board,
a fifty dollar ($50.00) filing fee must be paid by the applicant to cover
administrative costs."
SECTION 2. AMENDMENT TO ARTICLE 15-6
Article 15-6 of the Code of Ordinances of the City of Coppell, Texas, heretofore
providing for the creation of the Code Advisory and Appeals Board is hereby amended to read
as follows:
"ARTICLE 15-6 CODE ADVISORY AND APPEALS BOARD
Sec. 15-6-1 Any reference to an appeals board found in the City of Coppell Building Code,
Electrical Code, Plumbing Code, Mechanical Code or Fire Code. shall mean the
Code Advisory and Appeals Board heretofore created under this article and now
established under Article 2-8 of this Code."
SECTION 3. NEW SECTIONS FOR CHAPTER 15 ARTICLES
That a new section be added to each of Articles 15-1, 15-2, 15-3, 15-4 and 15-5 of
Chapter 15 of the Coppell Code of Ordinances to read as follows:
"Any reference to an appeals board found in the special code
adopted by this Article shall mean the Code Advisory and Appeals
Board of the City of Coppell established under Article 2-8 of
Chapter 2 of this Code of Ordinances of the City of Coppell."
SECTION 4. REPEALING CLAUSE
All parts of ordinances inconsistent or in conflict with the provisions of this ordinance are
hereby repealed. City of Coppell Ordinance No. 89-440 is hereby specifically repealed.
SECTION 5. SAVINGS CLAUSE
Any appeal pending before the Code Advisory and Appeals Board or any act by said
Board prior to the effective date of this ordinance shall be governed by the prior law and the
provisions of the Code of Ordinances in effect at the time of such appeal or action and the
furmer law is continued in effect for such purpose.
SECTION 6. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this urdinance
as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 7. EFFECTIVE DATE
This ordinance shall take effect immediately from and after its passage as the law in such
cases provides.
APPROV~
Mayor
ATTEST:
Z) S~ T: City Secretary
APPROVED AS TO FORM:
City Attorney V~,
COO93-0506A