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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 • • • 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;