Ord 113-2003 11/18/2003ORDINANCE NO.1 3 -aod3
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES,
CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT
ARTICLE II, BUILDING CODES; PROVIDING A REPEALER CLAUSE;
PROVIDING FOR INCLUSION IN THE CODE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Construction Board of Adjustment and Appeals has determined
that amendments to Chapter 22, Buildings and Building Regulations of the Wichita Falls
Code of Ordinances, are necessary to advance public purposes relating to safety,
quality of life, appearance, and function of the City; and
WHEREAS, the City Council concurs with such adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The existing language of Section 22 -27 of the Code of Ordinances
is hereby amended to include the following:
"101.4.2 Gas. The provisions of the 2000 International Fuel Gas Code shall apply
to the installation of gas piping from the point of delivery, gas appliances and related
accessories as covered in this code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of appliances and the
installation and operation of residential and commercial gas appliances and related
accessories.
101.4.3 Mechanical. The provisions of the 2000 International Mechanical Code
shall apply to the installation, alterations, repairs, and replacement of mechanical
systems, including equipment, appliances, fixtures, fittings and /or appurtenances,
including ventilating, heating, cooling, air - conditioning and refrigeration systems,
incinerators, and other energy - related systems.
101.4.4 Plumbing. The provisions of the 2000 International Plumbing Code shall
apply to the installation, alterations, repairs and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
Sec. 103. Building and Code Administration Division
There is hereby established a division to be called the building and code
administration division, and the person in charge shall be known as the building code
administrator. Any reference in this code or other code to building official shall be held
to mean the building code administrator.
COMMENTARY: We are adding an "Application for appeal" section to the Construction
Board of Adjustment and Appeals Section 112. The new section 112.2 dictates when
and how an appeal can be filed. Items are also renumbered in order to add the new
section.
Section 112. Board of Appeals
112.1 Appointment. There is hereby established a board to be called the
construction board of adjustment and appeals which shall consist of nine regular
members and two alternate members. The board shall be appointed by the applicable
governing body.
112.2 Application for appeal. A person shall have the right to appeal a decision
of the building official to the construction board of adjustment and appeals. An
application for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equally good or better form of construction is proposed.
The application shall be filed on a form obtained from the building official within 20 days
after the notice was served.
112.3. Membership. The construction board of adjustment and appeals shall be
composed of one general building contractor, one mechanical engineer, one structural
engineer, one architect, one person representing the home building industry, one
plumbing contractor, one air conditioning contractor, one person representing the
property insurance industry and one citizen at large not connected with the construction
industry. The two alternate members shall consist of one general building contractor
and one person representing the home building industry. A board member shall not act
in any case where he has a financial interest. Board members' terms shall expire on
December 31.
112.4. Terms. Of the regular members first appointed, three shall be appointed
for terms of one year, three shall be appointed for terms of two years and three shall be
appointed for terms of three years. The two alternate members shall be appointed for
two -year terms. After the initial appointment, members to the board shall be appointed
for three -year terms. In no case shall a member serve more than six consecutive years.
Continued absence of any member from required meetings of the board shall, at the
discretion of the applicable governing body, render any such member subject to
immediate removal from office.
112.5. Quorum and voting. Five members of the board shall constitute a quorum.
In varying any provision of this code or modifying a decision of the building official,
affirmative votes of the majority present, but not less than five affirmative votes, shall be
required. In the event that regular members are unable to attend a meeting, the
alternate members shall vote.
112.6. Board acting in an advisory capacity. In addition to other duties noted
herein, the board shall act as an advisory board on matters of building code
requirements, modifications or amendments. The board may hear evidence of any
proposals from the building code administrator or other persons and may present
opinions of such proposals to the city council for further action.
COMMENTARY: In the past we have had some with citizens giving false information
when citations were being issued. Adding section 113.2 gives the officers the same
authority as a peace officer in regards to false information and enforcement of the
International Codes and our ordinances as they pertain to this Division.
Section 113. Violations and penalties.
113.1 Unlawful acts. Any person, firm, corporation or agent who shall violate a
provision of the technical codes, or fail to comply therewith, or with any of the
requirements thereof, or who shall erect, construct, alter, install, demolish or move any
structure, electrical, gas, mechanical or plumbing system, or has erected, constructed,
altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical
or plumbing system, in violation of a detailed statement or drawing submitted and
permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be
deemed guilty of a separate offense for each and every day during which any violation
of any of the provisions of this code is committed or continued, and upon conviction of
any such violation such person shall be punished by a fine as provided in section 1 -14.
Any person found doing work without meeting the licensing, bond and liability insurance
requirements set forth in section 105 shall be punished by a fine of not less than
$500.00.
113.2 Responsibility for enforcement; police powers. The local Building and Code
Administration Division, the code compliance and code enforcement officers and other
authorized employees of the division shall have all of the powers and authority of peace
officers to the extent only, and no further, of enforcing all of the International Codes
adopted by ordinance and other city ordinances relating to buildings, electrical,
plumbing, mechanical, health and safety, landscaping, and zoning. No person shall
interfere in any manner or give false information to the above - mentioned employees in
the performance of their duties."
SECTION 2. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. Should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 5. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18th day of November, 2003.
iTA . •
ATTEST:
Lt�`City Clerk
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Affidavit of Publication
ORDINANCE NO.
110-2003
ORDINANCE OF THE
CITY COUNCIL A
CITY OF WICHITA
THE STATE OF TEXAS #1770355
HITTA
FALLS, TEXAS,
AMENDING PART II OF COUNTY OF WICHITA
THE CODE OF ORDI-
NANCES,CHAPTER 22,
BUILDINGS AND
BUILDING REGULA-
TIONS,AT ARTICLE V,
MECHANICAL CODE;.
BY MAKING CERTAINADDITIONS,DELE-
T ONS AND AMEND-
On this 1st day of December, 2003 A D...
PROVIDING A THEMENTS RETO
personally appeared before me, the undersigned authority
PROVIDING FORS IN- Myra Gholson, Sales Assistant for the Times Publishing
CLUSION IN T H E
CO oRDINANCENo. Company of Wichita Falls, publishers of the Wichita Falls
111-2003
ORDINANCE OF THE Times/Record News, a newspaper published at Wichita Falls in
CICIL OF THE
CITY T OFY WICHITA Wichita County, Texas, and upon being duly sworn by me, on
FALLS, TEXAS,
AMENDING PART II OF oath states that the attached advertisement is a true and
THE CODE OF ORDI-
ES AT CHAPTER
2z BUILDINGSC AND correct copy of advertising published in One (1) issue thereof
T ONS,IAT ARTICLE on the following dates:
VII, GAS CODE, TO
ADOPT THE 2000 IN-
TERNATIONAL FUEL
GAS CODE; PROVID- November 30, 2003
ING A REPEALER
CLAUSE; PROVIDING
FOR INCLUSION IN
THE CODE;
ORDINANCE NO. ' C7•.-
112-2003 \• - •
ORDINANCE OF THE
CITY COUNCIL OF THE
F A L L SF T E X A Sp Sales Assistant for Times Publishing Company of Wichita Falls
AMENDING PART II OF
THE CODE OF ORDI-
NANCES AT CHAPTER
2BUI
2, BUILLDINGS AND DING REGULA- cribed and sworn to before me this the day and year first above written:
TIONS,AT ARTICLE IV,
PLUMBING CODES;
PROVIDING A RE-
PEALER CLAUSE;
PROVIDING FOR IN-
CLUSION IN THE CODE;
ORDINANCE NO.
113-2003
ORDINANCE OF THE 1i
CITY COUNCIL OF THE
CITY OF WICHITA
FALLS, TEXAS,
AMENDING PART I1 OF
THE CODE OF ORDI-
NANCES,CHAPTER 22,
BUILDINGS AND
BUILDING REGULA-
\t TIONS,AT ARTICLE II,
BUILDING CODES,
PROVIDING A RE-
PEALERCLAUSE; ;
PROVIDING FOR IN-
CLUSION IN THE oo
CODE;
ORDINANCE NO.
115-2003
ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF WICHITA
FALLS, TEXAS,
. AMENDING THE CODE
o OF ORDINANCES AT
CHAPTER 14,ANIMALS,
AT SECTION 14-323,
TERM OF OFFICE;
MEETINGS,TO PRO-
VIDE FOR TERM LIMIT
FOR CITIZEN AP-
POINTMENT TO THE
ANIMAL SHELTER AD-
VISORY COMMITTEE;