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OR 91-520 Adopts Uniform Building Code AN ORDINANCE OF THE CITY OF COPPF-I .l~ TEXAS ORDINANCE NO. 91520 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING CERTAIN AMENDMENTS TO SAID UNIFORM BUILDING CODE; REPEALING ALL PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; SPECIFICAI.I.Y REPEALING ORDINANCE NUMBER 88-422; PROVIDING THAT ARTICLE 15-1 OF CHAPTER 15, OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BE AMENDED TO REFLECT THE ADOPTION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHA! .L BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION THAT 13OVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION OR DUMPING OF REFUSE AS THAT TERM IS DEFINED BY SECTION 2.09 OF THE TEXAS LITFER ABATEMENT ACT, ARTICLE 4477-9a, VERNON'S ANNOTATED CIVIL STATUTES, AS AMENDED, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. KDOPTINGUNIFOI~BUII~ING CODE - Page 1 WHEREAS, it is deemed necessary to provide minimum standards to regulate the design, construction, materials, use and occupancy, location and maintenance of buildings and structures and certain equipment thereof, within the City to protect public safety, health and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. TITLE This ordinance shall be known as ~ CITY OF COPPRIJ. BUILDING CODE." SECTION 2. ADOPTION OF UNIFORM BUILDING CODE That certain code volume and volume of code standards, copies of which axe on file in the office of the City Secretary, being marked and designated as ~Jnifonn Bufiding Code," including Appendix Chapters 12 and 70, 1991 Edition, and the "Uniform Building Code Standards," 1991 Edition, published by the International Conference of Building Officials, be and the same is hereby adopted as the Building Code of the City of Coppeli, Texas, for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or snmctures in the City, providing for the issuance of permits and collection of fees therefor; except as portions are hereinafter deleted, modified or amended, a copy of said volumes being artached hereto as Exhibit "A" and "B" and made a part hereof the same as If fully set out at length herein. SECTION 3. SPECIFIC AMENDMENTS TO UNIFORM BUILDING CODE The Unifonn Building Code adopted by this ordinance and attached hereto as Exhibit "A" is amended as foliows: (a) Section 301 (a) Permit Required. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, convened 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. ADOPTINGUNIFORMBUILDING CODE - Page 2 (b) Delete Section 301 (b) (c) 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 Ms agent wherein the same fails to comply with this code. Any portions whlch 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 fmal 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. (d) Section 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. (e) Section 305 (f) Roin~pections. 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 corrections called for axe not made. This subsection 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 fees 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 ~e an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table No. 3-A. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been pal& ADOPTING UNIFORMBUILDING CODE - Page 3 (f) DELETE TABLE 3A. See Chapter 18 of the Coppell Code of Ordinances for fees. (g) Section 402. Revise the definition of "amusement building" as follows: AMUSEMENT BUILDING is a building or portion thereof used for entertainment or educational purposes and wMch 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 readfly available due to the method of transportation through the building or structure. 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. Temporary Amusement Building is an amusement building used for that purpose for a period of six weeks or less in any given 12-month period. Permanent Amusement BuildiRg is any amusement building not otherwise classified as portable or temporary. (h) Section 502. No change shall be made in the character of occupancies, use of any building or tenant unless such bu~ding is made to comply with the requirements of this code for such division or group of occupancy. Exception: The character of the occupancy of existing buildings may be changed subject to the approval of the building official, and the building may be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on llfe and fire risk, than the existing use. No change in the character of occupancy of a building or tenant shatl be made without a certificate of occupancy, as required by Section 308 of this code. The bufiding official may issue a Certificate of Occupancy pursuant to the above exception without certifying that the building complies with all provisions of this code. (i) Section 610 (a) General An approved smoke-detection system installed in accordance with the Fire Code shall be provided in amusement buffclings. ADOPTING UNIFORMBUILDING CODE - Page 4 Exceptions: 1. In areas where ambient conditions will cause a smoke detector system to Mann, 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 fife-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 Section 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 effects, and 2. Activate an approved directional exit marlLing, and 3. Cause illumination of the exit path with light of not less than one foot candle at the walking surface. (d) Public Address SystenL 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. (j) Delete exception number 2 of section 802 (c). (k) Section 2S17 (g) S. Headers. Headers and lintels shall conform to the requirements set forth in table 2S-W, attached hereto as EXHIBIT "C", and together with their supporting systems shall be designed to support 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 flaming lumber placed on edge and securely fastened together or 4-inch lumber of eqnivalent 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 11/2 inches for the full length of the lintel. ADOPTING UNIFORM BUILDING CODE - Page 5 (1) Section 3802 (a) where required. 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 feet shall be equipped with an approved automatic fire extinguishing system. (m) Section 3802 (c) 6. Amusement Buildings. An automatic sprinkler system shall be installed in all permaneut and portable amusement bu~dings. The main water-flow switch shall be electrlcally supervised. The spriolder main cutoff valve shall be supervised. When the amusemeut 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 1,000 square feet and the exit travel distance from any point is less than 50 feet. (n) Delete Section 4701 (b) (o) Revise Division 3 to Apendix Chapter 12 as foilows: BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS Sec. 1241. The provisions of this section apply to the design and construction of harriers for swimming poois located on the premises of Group R, Division 3 Occupancies and exterior pools of Group R, Division 3 Occupancies. Do~nldons Sec. 1242. For the purpose of this section, certain terms, words and phrases are defined as foilows: ABOVEGROUND/ON-GROUND POOL. See defiuition of swimming pool. BARBIF-R ls a fence, 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. ADOPTING UNIFORM BUILDING CODE - Page 6 IN-GROUND POOL. See defmitinn of swimming pool. SPA, NONPORTABLE. See definition of swimming pool. SPA, PORTABLE, is a nonpermanent structure intended for recreational batking, in which all controis, 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 in-ground, aboveground and on-ground sxar/mming 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, excluding hoteis and motels. SWIMMING POOL, OIjrDOOR, is any swimming pool which is not an indoor pool. Requirements See. 1243. (a) Outdoor Swimming Pool An outdoor swimming pool, including an in- ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 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 shah 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 item is within a 48 inch radius of the top of the barrier. 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 contain indentations or protrusions except for tooled masonry joints. 5. Where the barrier is composed of horizontal and verticai members and the allstance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches in width. Where there are decorative cutouts within vertical ADOPTING UNIFORM BUILDING CODE - Page 7 members, spacing within the cutouts shall not exceed 13/4 inches in width. 6. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches in width. 7. Maximum mesh size for chain link fences shall be a 11/4-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 13/4 inches. The wire shall be not less than 9 gauge. 8. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 13/4 inches. 9. Access gates shall comply with the requirements of Items I through 7 and shall be equipped self-closing and self-latching mechanisms. Gates shall also be equipped to accommodate a locking device. The release mechanism shall not be located within the bottom forty (40) inches of the gate. 10. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching mechanisms. Dwelling units of Group R, Division 1 occupancies shall not open directly into the pool area. Where walls of all other uses have doors with direct access to the pool area, those doors shall be equipped with self-dosing and seff-latching mechanisms. 11. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 thxough 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. Co) Indoor Swimming Pool Doors with dlxect access to an indoor swimming pool shall comply with Section 1243(a)10." SECTION 4. REPEALING CLAUSE All parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Ordinance Number 88-422 is hereby specifically repealed. However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and the prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. ADOPTING UNIPORMBUILDING CODE - Page 8 SECTION S. 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 ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 6. PENALTY CLAUSE Any person, finn or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; except where a different penalty has been established by state law for such offense, the penalty shall be that fkxed by state law, and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation or dumping of refuse as that term is defined by section 2.09 of the Texas kitter Abatement Act, Article 4477-9a, Vemon's Annotated Civil Statutes, as mended, 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. SECTION 7. SAVINGS CLAUSE Article 15-1-4 of the Coppell Code of Ordinances shall remain in full force and effect. ~M~)OPTING UNIFORM BUILDING CODE - Page 9 SECTION 8. EFFECTIVE DATE From and after ks passage and publication of its caption, as the law in such cases provides, this Ordinance shall take effect October 1, 1991. DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, this the 13th day of August, 1991. APPROVED Mark Wolfe MAYOR ATTEST: Dorothy Timmons CITY SECRETARY APPROVED AS TO FORM: Lawrence W. Jackson CITY ATTORNEY ADOPTING UNIFORM BUILDING CODE - Page 10