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Ordinance 2012-30ORDINANCE NO. 2012-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2008 -17; ADOPTING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE FOR COMMERCIAL BUILDINGS, SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH HEREIN; 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 determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance No. 2008 -17; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to adopt the 2012 Edition of the International Building Code for commercial buildings, save and except the deletions and amendments set forth below (the "2012 International Building "). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2008 -17 Repealed. Wylie Ordinance No. 2008 -17 is repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2008 -17 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and /or lawsuit from being commenced for any violation of Ordinance No. 2008 -17 occurring before the effective date of this Ordinance. SECTION 3: Adoption of the 2012 International Building Code. The International Building Code, copyrighted by the International Code Council, Inc., save and except the amendments set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes, is hereby adopted as the Building Code for Wylie, prescribing regulations applicable to all commercial or nonresidential structures and existing premises and constitutes minimum requirements and standards for commercial construction applications. The 2012 International Building Code is made a part of this Ordinance as if fully set forth herein. One (1) copy of the 2012 International Building Code is on file in the office of the City Secretary of Wylie being marked and designated as the 2012 International Building Code. Ordinance No. 2012 -30 Repealing Ordinance No. 2008 -17; Adopting the 2012 Edition of the International Building Code for Commercial Buildings Page l 615798 SECTION 4: Savings/Repealing 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 portion of conflicting ordinances shall remain in full force and effect. A reference in any ordinance to an earlier or different version of a building code is hereby amended to refer to the 2012 International Building Code as it is adopted herein or may be subsequently amended. SECTION 5: Penalty Provision. Any person, firm, corporation or 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 AND NO /100 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 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 7: Effective Date. This Ordinance shall be published as required by the City Charter and by law, and shall become effective on February 1, 2013. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of September, 2012. Eric ogue, or ATTESTED AND CO TLY RECO D: Caro e Ehrlich, Ci4 Secretary Date(s) of Publication: October 3, 2012 in the Wylie Ordinance No. 2012 -30 Repealing Ordinance No. 2008 -17; Adopting the 2012 Edition of the International Building Code for Commercial Buildings 615798 Page 2 "EXHIBIT e Local Amendments to 2012 International Buildina Code Chapter 1: Scope and Administration INSERTED Additions underlined: [A] 101.4: Referenced codes. The other codes listed in Section s 101.4 through 101.4.6 and Referenced elsewhere in the code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each reference. Whenever amendments have been adopted to the referenced codes and standards each reference to side code and standard shall be considered to reference the amendments as well. Any reference to NFPA or Electrical Code shall mean the Electrical Code as adopted. INSERTED Additions underlined: [A) 101.4.6 Energy. The provisions of the International Energy Conservation Code as mandated by The State of Texas shall apply to all matters governing the design and construction of buildings for energy efficiency. New item: IN 101.4.7 Etectrical. The provisions of the Electrical Code shall apply to the installation of Electrical systems, including alterations, repairs replacement equipment appliances, fixtures, fittings and appurtenances thereto. IAl 103.1 Creation of enforcement agency. DELETE- The Department of Building Safety... INSERT the following. The Building Inspection and Code Enforcement Department IAl 104.10.1 Delete the following °_..unless a determination has been made that" Delete numbers 1 through 5. IAl 106.2 Work exempt from permit. Building: "Delete numbers 1, 4 & 6. Renumber remaining items IAl 109.7 Re- inspection fee. A fee as established by the city council resolution may be charged when: Ordinance No. 2012 -30 Repealing Ordinance No. 2008 -17; Adopting the 2012 Edition of the International Building Code for Commercial Buildings Page 3 615798 1. The inspection called for is not ready when the inspector arrives. 2. No building address or permit card is clearly posted. 3. City approved plans are not on the iob site available to the inspector. 4. The building is locked or work otherwise not available for inspection when called. 5. The iob site is red - taqqed twice for the same item. 6. The original inspection ta_o has been removed for the iob site. 7. Failure to maintain erosion control, trash control or tree protection. Assessed inspection fees must be paid prior to requesting re- inspections on those sites. DELETE: building official. INSERT. City Engineer [Al 110.3.7 Energy efficiency inspections. Inspections shall be made by 3rd part y inspection Service to determine compliance..... [A] 110.3,10.1 Flood hazard documentation, DELETE. Building Official. INSERT: City Engineer Chapter 3 Use and Occupancy Classification Section 312. General Fences DELETE. more than 6 feet (1829mm) in height Chanter 11 Accessibility Section 1101.2 Add exception as follows. Protects rec9istered with Architectural Barriers Division of the Texas Department of Licensing And Regulation shall be deemed to be in compliance with the requirements of this chapter. Chanter 16 Structural Desian Section 1612.1 General Correct to read as follows: "Within flood hazard areas as established in Section 9692.3 NO new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be allowed" Ordinance No. 2012 -30 Repealing Ordinance No. 2008 -17; Adopting the 2012 Edition of the International Building Code for Commercial Buildings Page 4 615798 The most current lumber scan Tables available from the "AMERICAN WOOD COUNCIL" will be the reference standard for lumber used in span rate applications in all wood construction within THE CITY OF WYLIE The "AWC" Span Tables will replace span tables published in the "first printing" of the 2012 International Building_ Code. This substitution due to deficiencies in actual span limits as revealed during destructive testing by the "Southern Pine Inspection Bureau" on 2x4 Southern Yellow Pine No. 2. No. 3. Construction. Standard and Utility grades The "American Wood Council" Span Tables will replace the following 2012 International Building Code Tables: • 2308.8(1) Page 4791480 • 2308.8(2) Page 481/482 • 2308.10.2(1) Page 4931494 • 2308.10.2(2) Page 495/496 • 2308.10.3(1) Page 4971498 • 2308.10.3(2) Page 499/500 • 2308.10.3(3) Page 501/502 • 2308.10.3(4) Page 5031504 • 2308.10.3(5) Page 505/506 • 2308.10.3(6) Page 507/508 Ordinance No. 2012 -30 Repealing Ordinance No. 2008 -17; Adopting the 2012 Edition of the International Building Code for Commercial Buildings Page 5 615798 Dii, 1 t fal111rolidiv )wrr,; • klurph% Monilos + I Ire Princeton I lerald ,,. Ncws • THE WYLIF NEWS C&S. STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher 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: City of Wylie Ordinances was published in said newspaper on the following dates, to -wit: October 3, 2012 apt---- 'V Chad Engbrock, Publisher 2 Subscribed and sworn before me on this, the J day of 2012 to certify which witness my hand and seal of office. KIESNA Q. HILL Notary P,L,i c, State of Texas Notary Public in and for My Gomh n Expires State of Texas March 21 21, 2013 My commission expires k9i.i," S' ii," V "'Ii, 0i 10% t3.Jlmt I•i "+ }i<,x:'W) >'A)Iw [.A? €)�)S•�+ 1t ^- »15•t,t�`)? i.) ", -6,i5 fi) l f3oe '+i 2 « (.r3)ncrsJlt_ Va -', t-i'_ • y7? 78- 1 - (� =)'° ORDINANCE NO. 2012-30 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -17; ADOPT ING THE 2012 EDITION OF THE INTERNATIONAL BUILDING CODE FOR COMMER- CIAL BUILDINGS, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HEREIN; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2001 -08, SAVE AND EXCEPT THE AMEND- MENT TO ORDI- NANCE NO. 84 -11, AND ADOPTING THE 2012 EDI- TION OF THE IN- TERNATIONAL EXISTING BUILD- ING CODE; PRO- VIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABIL- ITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVID- ING FOR THE PUBLICATION OF THE CAP- TION HEREOF. 2C October 3 - 4, 2012 ORDINANCE NO. 2012 -32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -13; ADOPT- ING THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSER- VATION CODE, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAP- TION HEREOF. ORDINANCE NO. 2012 -33 AN ORDINANCE OF THE CITY OF WYLIE, TEX- AS, REPEALING ORDINANCE NO. 2009 -37; ADOPTING THE 2012 EDITION OF THE INTER- NATIONAL FIRE CODE, SAVE AND EXCEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE V TION OF lMs ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR PUBLIC N OF THIS - ON HE ORDINANCE NO. 2012 -34 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING OR- DINANCE NO. 2008 -14; ADOPT- ING THE 2012 EDITION OF THE INTERNATIONAL FUEL GAS CODE, SAVE AND EX- CEPT THE DE- LETIONS AND AMENDMENTS SET FORTH HERE- IN; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVIDING FOR THE - PUBLICA- TION OF THE CAP- TION HEREOF.