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Ordinance 2001-07 ORDINANCE NO. ceo 1- 07 AN ORDINANCE OF THE CITY OF WYLIE, TEXA8,ADOPTING THE 1997 EDmON OF THE UNIFORM BUll..DING CODE, AND REPEALING WYLIE ORDINANCE NOS. 94-38 AND 88-28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and detennined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 1997 Edition of the Unifonn Building Code and to repeal Wylie Ordinance Nos. 94-38 and 88-28; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Unifonn Building Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin2s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption ofthe 1997 Unifonn Buildin2Code. The Uniform Building Code, Volumes 1, 2 and 3, 1997 Edition, copyrighted by the International Conference of Building Officials, including Appendix Chapters 4, 11, 15 and 34, and excluding Appendix Chapters 3,9,10,12,13,16, 18,21,23,29,30,31 and 33, save and except the deletions and amendments as set forth below, is hereby adopted as the building code for Wylie, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures in Wylie, including the issuance of permits and collection of fees, (the" 1997 Uniform Building Code"). The 1997 Uniform Building Code, Volumes 1, 2 and 3, 1997 Edition, copyrighted by the International Conference of Building Officials, including Appendix Chapters 4, 11, 15 and 34, and excluding Appendix Chapters 3,9, 10, 12, 13, 16, 18,21, 23,29,30,31 and 33, save and except the deletions and amendments as set forth below, is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 1997 Uniform Building Code are on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Building Code, Volumes 1, 2 and 3, 1997 Edition, copyrighted by the International Conference of Building Officials. ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 1 SECTION 3: Amendments to Section 106. A. Section 106.1 of the 1997 Uniform Building Code is hereby amended to read as follows: 106.1 Permits Required. Except as specified in Section 106.2 of the 1997 Uniform Building Code, 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. It shall be the responsibility of any person, firm, or corporation, upon submittal of an application for a building permit for work regulated by this code, to register as a contractor with the City of Wylie. Said registration shall be upon forms supplied by the building official and shall become null and void on December 31st of each year. An appropriate fee for registration shall be assessed in accordance with the provisions of Appendix A of the Code of Ordinances of the City of Wylie. Exception: Any property owner who makes application for a building permit to erect or construct a single family residence, the exclusive use of which shall be for the purposes of his legal residence, shall be exempt from registration as a contractor. Any residential property owner who makes application for a building permit to erect or construct a residential accessory building at his legal address shall be exempt from registration as a contractor. Further, any property owner who makes application for a building permit at his legal address to alter, repair, move, improve, remove, convert, or demolish a structure shall be exempt from registration as a contractor. All activity requiring a permit as outlined in the Building Code, Plumbing Code, Mechanical Code and Electrical Code currently adopted by the City of Wylie shall comply with the permitting requirements and conditions of expiration as contained within this ordinance. B. Section 106.2 of the 1997 Uniform Building Code is hereby amended by deleting item numbers 1, 2, 4 and 11 from the list of items that are exempt from permit requirements. C. Section 106.4.4 of the 1997 Uniform Building Code is hereby amended to read as follows: 106.4.4 Expiration. 106.4.4.1 Non-Residential. Every non-residential permit, except those permits specifically named in this section, issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 2 after the building or work is commenced for a period of 180 days. Before such building or work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such building or work, provided no changes have been made or will be made in the original plans and specifications for such building or work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which building or work may commence under that permit when the permittee is unable to commence building or work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the pernnttee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.2 Residential. Every residential permit, except those permits specifically named in this section, issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the building or work is commenced for a period of 180 days. Before such building or work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such building or work, provided no changes have been made or will be made in the original plans and specifications for such building or work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which building or work may commence under that permit when the permittee is unable to commence building or work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.3 Swimming Pool. Every swimming pool permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within 180 days of the issuance of the permit. In the event of the expiration of the permit, no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 3 commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding thitry (30) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.4 Lawn Irrigation Systems. Every Lawn Irrigation System permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within sixty (60) days of the issuance of the permit. In the event of the expiration of the permit, no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding thirty (30) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.5 Fences. Every Fence permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within sixty (60) days of the issuance of the permit. In the event of the expiration of the permit, no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 30 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 4 SECTION 4: Amendments to Section 107. A Section 107.2 of the 1997 Uniform Building Code is hereby amended to read as follows: 107.2 Permit Fees. Permit fees shall be assessed in accordance with Appendix C, Fee Schedule, of the Code of Ordinances of the City of Wylie. B. Section 107.3 of the Uniform Building Code, 1997 edition is hereby amended to read as follows: 107.3 Plan Review Fees. Plan review fees shall be assessed in accordance with Appendix C, Fee Schedule, of the Code of Ordinances of the City of Wylie. C. Section 107.4 of the 1997 Uniform Building Code is hereby amended to add the following exception: Exception: All residential permit applications, all lawn sprinkler permit applications, all swimming pool permit applications, all fence permit applications, all miscellaneous plumbing permit applications, all miscellaneous mechanical permit applications and all miscellaneous electrical permit applications for which no permit is issued within forty- five (45) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official at his discretion. The building official may extend the time for action by the applicant for a period not exceeding thirty (30) days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 5: Amendments to Section 108. A. Section 108.5.6 of the 1997 Uniform Building Code is hereby amended to read as follows: 108.5.6 Final Inspection. A final inspection will be made after: (1) grading is completed; (2) all construction materials have been removed; and (3) the building is completed and ready for occupancy. No building or structure may be occupied by persons or possessions without first receiving approval from the building official. B. Section 108 of the 1997 Uniform Building Code is hereby amended to add the following subsection: 108.9 Trash Bins. Prior to the inspection of any new structure, a trash container measuring a minimum of six feet (6') by six feet (61 with a wall height of not less than four feet (4') shall be placed at the job site as a receptacle for construction related ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 5 debris. The top of the trash container may be open; however, any other openings in the container shall not allow passage of a two inch (2M) diameter sphere. Disposal of refuse shall be at an approved landfill site in accordance with all applicable laws. C. Section 108 of the 1997 Uniform Building Code is hereby amended to add the following subsection: 108.10 Dirt in streets, sidewalks and or alleys. At all times during construction, all streets and alleys and the right-of-way area where the sidewalk is located within the City of Wylie shall be kept free of mud, sand, concrete, and building materials. SECTION 6: Amendments to Section 109. Section 109.1 of the 1997 Uniform Building Code is hereby amended to read as follows: 109.1 Use and Occupancy. No building or structure shall be used or occupied by persons or possessions, and no change in the existing occupancy classification or change in tenant or ownership of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City of Wylie. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. SECTION 7: Re2ional Amendments to the 1997 Uniform Buildin2 Code. The 1997 Uniform Building Code is further amended as specified in the regional amendments, with "OPTION A", recommended by the North Central Texas Council of Governments, as amended (the "Regional Amendments"). The Regional Amendments are attached hereto as Exhibit "A" and incorporated herein for all purposes. SECTION 8: Amendment to Wvlie Ordinance No. 84-11. Section 1-1 ofWylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Build~gs as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code for Building Conservation ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 6 as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 9: Penalty Provision. Any person, ftrm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 10: Savin2s/Repealin2 Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. P~ ,APPROVED by the City Council of the City of Wylie, Texas this o 'A1), 2001. lc; day -J ~ ,S '-Ao t--j-- ATTEST: , ")"" 0" T ( ~.' ,. ..~:::;A \ .~- '" .,- c~ ! :>'-;:;'~.~:~~~~~-.'. ~> ..' ";'._. L ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 7 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATEr8.1 OF PUBUCATION: -------'111 ~ ~ II ,?{}CJ \ / ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE - Page 8 THE WYLIE NEWS Covering Wylie, Sachse, Murphy ami the surrounding area 110 N. Ballard 51. P.O. Box 369 Wylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN 972.442.5515 Fax 972.442.4318 Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn. deposed and says that the foregoing attached 27/L Legal - Ord. 2001-07 was published in said newspaper on the following dates, to-wit: March 21 , 2001, and ,2001. c~ Subscribed and sworn to before me this the 31 to certify which witness my hand and seal of office. March ,2001, Notary Public in and for The State of Texas I) \ My Commission EXPire~3 Serving Wideawake ~vlie Since 1947 ORDINANCE NO. 201-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS. ADOPTING "HE 1997 EDlTION OF THE UNIFORM BUILD- !NG CODE AND REPEALING WYLIE ORDINANCE NOS. 94- 38 AND 88-28; PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING. SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVID- jNG FOR THE PUBLI- CATION OF THE CAP- TION HEREOF John Mondy, Mayor Attest: Barbara Salinas ~it'l Secretary 43-[ t-339